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WESTCHESTER FIRE INS. CO. v. WALLERICH

Nos. 07-3624, 07-3625.

563 F.3d 707 (2009)

WESTCHESTER FIRE INSURANCE COMPANY, a New York corporation, Appellant/Cross-Appellee, v. Douglas WALLERICH, Patrick Lowther; Sharon O'Reilly, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 24, 2009.

Attorney(s) appearing for the Case

Jeffrey M. Thompson, argued, William M. Hart and Jenneane L. Jansen, on the brief, Minneapolis MN, for appellant/cross-appellee.

Paula Duggan Vraa, argued, St. Paul, MN, for appellee/cross-appellant.

Before BYE, JOHN R. GIBSON, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

In this insurance coverage dispute, Westchester Fire Insurance Company ("Westchester") filed a declaratory judgment action against Douglas Wallerich, Patrick Lowther, and Sharon O'Reilly (collectively "Insureds"), seeking a determination whether it must provide coverage to the Insureds in defending an underlying lawsuit. Additionally, Westchester sought reimbursement of its expenses paid thus far in defending the underlying lawsuit. In response...

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