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CONTINENTAL CASUALTY COMPANY v. REED

No. 3-68-Civ-213.

306 F.Supp. 1072 (1969)

CONTINENTAL CASUALTY COMPANY, Plaintiff, v. Dale H. REED, Irving J. L. Anderson and Irving J. L. Anderson Company, a Minnesota corporation, and Capitol Indemnity Corporation and M. J. McGough Company, Defendants.

United States District Court D. Minnesota, Third Division.

December 9, 1969.

Attorney(s) appearing for the Case

Meagher, Geer, Markham & Anderson, Clyde F. Anderson, Minneapolis, Minn., for plaintiff.

Bruce Gillman, Madison, Wis., for defendant Capitol Indemnity Corporation.

Irving Shaw, St. Paul, Minn., for defendants Dale H. Reed, Irving J. L. Anderson and Irving J. L. Anderson Co.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The basic issue posed by this Declaratory Judgments action seeking construction of an "errors and omissions" insurance policy covering the defendant corporate insurance agency is whether the claimed misconduct of the insured is excluded from coverage by the clause of the policy which excludes liability caused by the "dishonest, fraudulent, criminal and malicious action or omission of the insured."

The jurisdictional...

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