ADAMS v. GREENWOOD

Nos. 93-2724, 93-3023, 93-3029 and 93-3306.

10 F.3d 568 (1993)

Stephen ADAMS, Plaintiff, American Casualty Company, of Reading, PA, Intervenor-Plaintiff-Appellee, v. Harold W. GREENWOOD, Jr.; John Does, 1-10; Thomas J. Resch, Defendants, Resolution Trust Corporation, as receiver for Midwest Savings Association, F.A., Intervenor-Defendant-Appellant. AMERICAN CASUALTY COMPANY, OF READING, PA, Plaintiff-Intervenor-Appellee, v. RESOLUTION TRUST CORPORATION, as receiver for Midwest Savings Association, F.A., Defendant-Intervenor-Appellant. Donald ZIETLOW, Third Party-Plaintiff, v. Harold W. GREENWOOD, Jr.; Donald J. Snede; Robert A. Mampel; Patrick T. Stead, Third Party-Defendants-Appellees. NORTHWEST RACQUET SWIM & HEALTH CLUBS, INC., a Minnesota corporation, Plaintiff-Appellee, American Casualty Company of Reading, PA, Plaintiff-Intervenor-Appellee, v. Harold W. GREENWOOD, Jr.; Charlotte Elizabeth Masica; Donald J. Snede; Robert Arnold Mampel; Muriel Humphrey Brown; John P. Farry; Thomas Fitzgibbon, Sr.; H. Vincent Hagstrum; John J. Kenna; Martin J. Kilroy; J.E. Marlin; Lloyd K. Peterson; Arnie Rydland; William H. Sipple; Thomas H. Tipton; Defendants-Appellees, Resolution Trust Corporation, as receiver for Midwest Savings Association, F.A., Defendant-Intervenor-Appellant. Richard K. NELSON; Thomas Resch, Plaintiffs, Resolution Trust Corporation, as receiver of Midwest Savings Association, F.A., Plaintiff-Appellant, v. AMERICAN CASUALTY COMPANY, OF READING, PA, Defendant-Appellee, MGIC Indemnity Corporation, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided November 30, 1993.


Attorney(s) appearing for the Case

Ray G. Rezner, Chicago, IL, argued (Wendi Sloane Weitman and Elyse M. Tish, Chicago, IL, April Breslaw, Washington, DC, John P. Martin and John E. Yanish, Minneapolis, MN, on the brief), for appellant Resolution Trust Co.

William M. Hart, Minneapolis, MN, argued (Thomas H. Crouch and Randy Sharbono, on the brief), for appellee.

Before JOHN R. GIBSON, MAGILL and BEAM, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

The Resolution Trust Corporation, as receiver for Midwest Savings, a failed Minnesota savings and loan, appeals two judgments denying it a share in the proceeds of Midwest's directors and officers insurance. The RTC claims that an endorsement to the policy excluding liability from suits brought by regulatory agencies was void because the insured was not adequately notified that the endorsement was to be included in the 1982 renewal policy...

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