MILLER v. ST. PAUL MERCURY INS. CO.

Nos. 10-3839, 10-3884, 10-3856, 10-3883.

683 F.3d 871 (2012)

Dwight MILLER et al., Plaintiffs-Appellants, v. ST. PAUL MERCURY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 2012.


Attorney(s) appearing for the Case

Ryan R. Bradley (argued) , William R. Graham, Jr. , Joseph W. Phebus , Attorneys, Phebus & Koester, Urbana, IL, for Plaintiffs-Appellants in No. 10-3839.

Matthew P. Previn , Attorney, Buckley Sandler LLP, New York, NY, for Plaintiff-Appellant in No. 10-3856, 10-3884.

Kevin J. Kuhn , Attorney, Kuhn Firm LLC, Wauconda, IL, Chad A. Schiefelbein , Attorney, Vedder Price P.C., Chicago, IL, for Plaintiff-Appellant in No. 10-3883.

Michael Stuart Loeffler (argued), Attorney, Loeffler Thomas Touzalin LLP, Northbrook, IL, for Defendant-Appellee.

Before BAUER, POSNER, and HAMILTON, Circuit Judges.


HAMILTON, Circuit Judge.

Director and officer liability insurance policies commonly feature so-called insured vs. insured exclusions that exclude from coverage losses for claims brought by one "insured" against another "insured," often defined to include current and former corporate directors and officers as well as the corporation itself. The exclusion serves to limit moral hazard. Without such an exclusion, a D & O policy could require the insurer to pay for...

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