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CAPELLA UNIVERSITY, INC. v. EXECUTIVE RISK SPECIALTY INSURANCE COMPANY

Nos. 08-2382, 08-3673, 08-3675, 09-1121.

617 F.3d 1040 (2010)

CAPELLA UNIVERSITY, INC., Appellee/Cross-Appellant, v. EXECUTIVE RISK SPECIALTY INSURANCE COMPANY, Appellant/Cross-Appellee, Arthur J. Gallagher and Co.; Arthur J. Gallagher Risk Management Services, Inc., Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2010.

Attorney(s) appearing for the Case

Gerald H. Bren , argued, Thomas M. Stieber , on the brief, Minneapolis, MN, for Capella University, Inc.

Charles E. Spevacek , argued, William M. Hart , Melissa Dosick Riethof , Patrick J. Sauter , and Brian H. Sande , on the brief, Minneapolis, MN, for Executive Risk Specialty Insurance Company.

Paula Duggan Vraa , argued, Mark A. Solheim , on the brief, St. Paul, MN, for Arthur J. Gallagher & Co., and Arthur J. Gallagher Risk Management.

Before LOKEN, Chief Judge, HANSEN and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

Executive Risk Specialty Insurance Company (ERSIC) appeals the district court's ruling, resolving cross-motions for summary judgment and declaring that ERSIC owed a duty to defend its insured, Capella University (Capella), against a federal lawsuit brought by one of Capella's former students. ERSIC appeals both the coverage determination and the amount of damages awarded. Capella cross-appeals, arguing...

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