TRANSCONTINENTAL INS. CO. v. RAINWATER CONST. CO.

Nos. 07-1011, 07-1394, 07-1448.

509 F.3d 454 (2007)

TRANSCONTINENTAL INSURANCE COMPANY; Transportation Insurance Company, Appellants/Cross-Appellees, v. RAINWATER CONSTRUCTION COMPANY, LLC; Timothy Rainwater; Arthur D. Rainwater; Rickey J. Kitchen, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: December 5, 2007.


Attorney(s) appearing for the Case

John C. Tollefson, argued, Dallas, TX, (Stephen A. Melendi and Aaron L. Mitchell, Dallas TX, on the brief), for appellant/cross-appellees.

Daniel T. williams, argued, Jonesboro, AR, for appellee/cross-appellants.

Before RILEY, TASHIMA, and SMITH, Circuit Judges.


RILEY, Circuit Judge.

Rainwater Construction Company, LLC (Rainwater) purchased insurance policies from Transcontinental Insurance Company and Transportation Insurance Company, both subsidiaries of CNA Financial Corporation (collectively, CNA). The insurance policies contained a "Named Driver Exclusion Endorsement," which stated that insurance coverage "does not apply to any claims, damages, expenses or `loss' . . . arising...

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