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COLUMBIAN FINANCIAL CORP. v. BANCINSURE, INC.

No. 10-3077.

650 F.3d 1372 (2011)

COLUMBIAN FINANCIAL CORPORATION; Carl McCaffree, Plaintiffs-Appellees, v. BANCINSURE, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 21, 2011.

Attorney(s) appearing for the Case

James D. Oliver , Foulston Siefkin LLP, Overland Park, KS, ( Keith Witten , Gilliland & Hayes, P.A., Overland Park, KS, with him on the briefs), for Defendant-Appellant.

Lyndsey J. Conrad ( Micheal Thompson with her on the brief), Husch Blackwell LLP, Kansas City, MO, for Plaintiffs-Appellees.

Before MURPHY, HARTZ, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

I. INTRODUCTION

BancInsure, Inc. (BancInsure) appeals a declaratory judgment in favor of Columbian Financial Corporation and a former director, Carl McCaffree, (collectively, the Insureds) handed down by the United States District Court for the District of Kansas. The court held that the claims-made directors-and-officers liability policy (the Policy) issued by BancInsure covered claims made until the expiration of the Policy on May...

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