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McANINCH v. WINTERMUTE

Nos. 05-2798, 05-2938, 05-2870.

491 F.3d 759 (2007)

Joseph W. McANINCH, Administrator of the Estate of Damian Sinclair, Plaintiff-Appellant/Cross-Appellee, v. Susan WINTERMUTE, Plaintiff/Cross-Appellee, v. The Kansas Bankers Surety Co., Defendant-Appellee/Cross-Appellant. Joseph W. McAninch, Administrator of the Estate of Damian Sinclair; Plaintiff, v. Susan Wintermute, Plaintiff-Appellant, v. The Kansas Bankers Surety Co., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 6, 2007.

Substituted: June 27, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee Wintermute was Peter W. Smith of New York, New York. Also appearing on the brief was Helen Davis Chaitman, New York, New York; Donald Cooley, Springfield, Missouri; and Philip L. Guarino, New York, New York.

Counsel who presented argument on behalf of the appellant/cross-appellee McAninch was William H. McDonald, Springfield, Missouri.

Counsel who presented argument on behalf of the appellee/cross-appellant was Ann L. Hoover, Topeka, Kansas.

Before BYE, HANSEN, and SMITH, Circuit Judge.

SMITH, Circuit Judge.

Damian Sinclair and Susan Wintermute, former directors of Sinclair National Bank ("SNB"), brought breach of contract claims and tort claims against their insurer, Kansas Bankers Surety Company ("KBS"), arguing that KBS wrongfully refused to indemnify and defend them under a Directors, Officers and Employees Indemnity and Bank Lender Liability Policy DL 1859 AR ("D & O Policy"). The district court1 granted summary...

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