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DIOCESE OF WINONA v. INTERSTATE FIRE & CAS. CO.

Nos. 94-3216, 95-1419, 95-1422 and 95-1425.

89 F.3d 1386 (1996)

DIOCESE OF WINONA, a Minnesota Non-profit Religious Corporation, Plaintiff-Appellee/Plaintiff/Appellant, v. INTERSTATE FIRE & CASUALTY COMPANY; Defendant-Appellees, Those Certain Underwriters at Lloyd's, London, Signatory to Policies Nos. SL 3402 and SLC 5421; Defendant-Appellant, Interstate Fire & Casualty Company; Those Certain Under-writers at Lloyd's, London, Signatory to Policies Nos. SL 3402 and SLC 5421; Defendants-Appellees, Centennial Insurance Company, Defendant. ARCHDIOCESE OF ST. PAUL AND MINNEAPOLIS; Church of the Immaculate Conception, in Columbia Heights, Minnesota; Church of the Risen Savior, in Apple Valley, Minnesota, Plaintiffs-Appellees/Plaintiffs-Appellants/Plaintiffs, v. UNDERWRITERS AT LLOYD'S, LONDON; Defendants-Appellants/Defendants-Appellees, Underwriters at Lloyd's, London; Interstate Fire & Casualty Company; Aetna Casualty and Surety Company, Defendants-Appellees, Interstate Fire & Casualty Company; Aetna Casualty and Surety Company, Defendants-Appellees, Underwriters at Lloyd's, London; Interstate Fire & Casualty Company; Defendants-Appellees, Aetna Casualty and Surety Company, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1996.

Rehearing and Suggestion for Rehearing Denied September 4, 1996.

Attorney(s) appearing for the Case

Leslie Rosen, Chicago, IL, argued (Richard F. Johnson, Hugh C. Griffin, Diane I. Jennings and John J. McDonald, Jr., on brief), for appellant.

George Resetovich, Rochester, MN, argued (Bruce Piotrowski, on brief), for appellee.

John Gunderson, St. Paul, MN, argued (Andrew J. Eisenzimmer, on brief), for Archdiocese of St. Paul and Minneapolis.

Paula Weseman Theisen, Minneapolis, MN, argued (James A. O'Neal, on brief), for Aetna Cas.

Before McMILLIAN, LAY and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 4, 1996.

LAY, Circuit Judge.

Underwriters at Lloyd's, London and Centennial Insurance Company (Lloyd's) appeal from the district court's grant of a declaratory judgment that the Diocese of Winona and the Archdiocese of St. Paul and Minneapolis are entitled to insurance coverage for compensatory damages awarded by a state court jury to Thomas Mrozka who had been sexually abused by a priest, Father...

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