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IN RE POPKIN & STERN

Nos. 01-1206EM, 02-2241EM, 02-2270EM.

340 F.3d 709 (2003)

In re POPKIN & STERN, Debtor. Old Republic Insurance Company, Appellee, v. Cynthia Bitting; Lynn G. Carey; William E. Cooper; Jeffrey S. Gershman; Bennett S. Keller; Steven H. Leyton; James R. Nangle, Jr.; John O. Niemann, Pat Simons; Steven M. Stone; Alan N. Zvibleman; Thomas P. Rosenfeld; Donald L. Wolff; and The Bar Plan Mutual Insurance Company, Appellants. In re Popkin & Stern, Debtor. Old Republic Insurance Company, Appellee, v. The Bar Plan Mutual Insurance Company, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2003.

Attorney(s) appearing for the Case

Russell F. Watters, argued, St. Louis, MO (T. Michael Ward, on the brief), for appellants.

Lynn H. Murray, argued, Chicago, IL (Philip C. Stahli and Jaqueline E. Goldberg, Chicago, IL, and Mark V. Bossi, St. Louis, MO, on the brief), for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and BYE, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

In 1991, Popkin & Stern was a troubled law firm, losing both clients and partners. The firm has since ceased doing business and sought bankruptcy protection. The question presented in this case is whether, and to what extent, the law firm's professional liability insurance carrier, Old Republic Insurance Company, is liable for a claim made against Popkin & Stern in October of 1991. Old Republic argues that it is not liable...

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