BENDIS v. FEDERAL INS. CO.

90-3057.

958 F.2d 960 (1991)

Richard BENDIS, Robert H. Mann, Jr., John Pappajohn and W. Terrence Schreier, Plaintiffs-Appellants, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Publication Ordered March 9, 1992.


Attorney(s) appearing for the Case

Alan V. Johnson of Sloan, Listrom, Eisenbarth, Sloan & Glassman (Thomas J. Wilder, with him on the briefs), Topeka, Kan., for plaintiffs-appellants.

Glen S. Feinberg of Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Robert L. Wehrman and Miriam Glueck of Polsinelli, White, Vardeman & Shalton, P.C., Kansas City, Mo., Joseph R. Colantuono and Bruce W. Beye, Overland Park, Kan., with him on the brief), for defendant-appellee.

Before LOGAN, SETH and TACHA, Circuit Judges.


SETH, Circuit Judge.

This appeal involves a declaratory judgment to determine the extent of coverage under a director and officer liability insurance policy. The trial court treated a motion to dismiss as a motion for summary judgment. Two questions are presented. First, whether the appellants made a claim against the appellee, Federal Insurance Company (Federal), during the policy period. Second, assuming a claim was validly made, whether the claim is barred under...

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