W3i MOBILE, LLC v. WESTCHESTER FIRE INS. CO.

No. 09-3701.

632 F.3d 432 (2011)

W3i MOBILE, LLC, Appellant, v. WESTCHESTER FIRE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 15, 2011.


Attorney(s) appearing for the Case

Steven Paul Zabel , argued, Minneapolis, MN, for appellant.

William Michael Hart , argued, Jeffrey Michael Thompson , Damon L. Highly , Tony J. Kriesel , on the brief, Minneapolis, MN, for appellee.

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.


RILEY, Chief Judge.

W3i Mobile, LLC (W3i) sued Westchester Fire Insurance Company (Westchester), claiming breach of contract and seeking a declaration that an insurance policy required Westchester to defend and indemnify W3i for expenses associated with two class action lawsuits brought against W3i. The district court1 granted summary judgment in favor of Westchester, finding a products exclusion precluded coverage under the policy. We...

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