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GENESIS INS. CO. v. CITY OF COUNCIL BLUFFS

Nos. 11-1277, 11-1741.

677 F.3d 806 (2012)

GENESIS INSURANCE COMPANY, Plaintiff-Appellee, v. CITY OF COUNCIL BLUFFS; Daniel C. Larsen; Lyle Brown, Defendants-Appellants, Curtis W. McGhee, Jr., Movant, Iowa Leagues of Cities, Amicus on Behalf of Appellant. Gulf Underwriters Insurance Company; Travelers Indemnity Company, Plaintiffs, Genesis Insurance Company, Plaintiff-Appellee, v. City of Council Bluffs, IA; Daniel C. Larsen; Lyle Brown, Defendants-Appellants, Terry Harrington, Defendant in member case 1:07-cv-24; Curtis W. McGhee, Jr., Defendant in member case 1:07-cv-24, Defendants, Iowa Leagues of Cities, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 11, 2012.

Attorney(s) appearing for the Case

Lorraine J. May , argued, Des Moines, IA, Robert M. Livingston and Michael Arthur Sciortino , on the brief, Council Bluffs, IA, for appellants.

Fritz K. Huszagh , argued, Christine Olson McTigue and Kent J. Cummings , on the brief, Chicago, IL, for appellee.

Bruce Bergman , Des Moines, IA, on the amicus brief on behalf of appellants.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

This appeal arises from an insurance coverage dispute. The City of Council Bluffs, Iowa, and its police officers, Daniel Larsen and Lyle Brown, (collectively, "the City") sought coverage from Genesis Insurance Company ("Genesis") for § 1983 claims in the nature of malicious prosecution. Genesis filed suit against the City, seeking a declaratory judgment that its policies provided no coverage for the underlying actions. The district court...

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