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LEXINGTON INS. CO. v. ST. LOUIS UNIVERSITY

No. 95-3090.

88 F.3d 632 (1996)

LEXINGTON INSURANCE COMPANY, Plaintiff-Appellee, v. ST. LOUIS UNIVERSITY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1996.

Rehearing Denied August 9, 1996.

Attorney(s) appearing for the Case

F. Douglas O'Leary, St. Louis, MO, argued, for appellant.

Paul Stephen Turner, Chicago, IL, argued (Edwin D. Akers, Jr., St. Louis, MO, James D. Wangelin and Marc J. Pearlman, Chicago, IL, on the brief), for appellee.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

LOKEN, Circuit Judge.

Lexington Insurance Company ("Lexington"), a London-based insurer, issued a liability policy to St. Louis University for claims made during the period July 1, 1990, through July 1, 1991. On May 20, 1991, Shelly McCormick sued the University for medical malpractice allegedly committed in 1979. The University mistakenly listed McCormick's claim as a 1979 rather than a 1991 claim on "loss run" reports submitted to Lexington before the policy expired...

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