KILCHER v. CONTINENTAL CAS. CO.

No. 13-1986.

747 F.3d 983 (2014)

Crystal D. KILCHER; Daniel J. Kilcher; Anthony C. Muellenberg; Anthony C. Muellenberg, as Trustee of the Troy D. Muellenberg 2007 Revocable Trust, Plaintiffs-Appellees v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 3, 2014.

Rehearing and Rehearing En Banc Denied May 14, 2014.


Attorney(s) appearing for the Case

Richard A. Simpson , argued, Washington, DC ( Gaiy P. Seligman , Washington, DC, Andrew L. Margulis , New York, NY., Leland H. Jones , Washington, DC, on the brief), for appellant.

Kristine Kroenke , argued, Minneapolis, MN ( Kyle E. Hart and Gordon P. Heinson , Minneapolis, MN, on the brief), for appellee.

Before WOLLMAN, LOKEN, and KELLY, Circuit Judges.


WOLLMAN, Circuit Judge.

Continental Casualty Company (Continental) appeals from the district court's grant of summary judgment to Crystal Kilcher, Daniel Kilcher, and Anthony Muellenberg, individually and as trustee of the Troy Muellenberg revocable trust (collectively, Plaintiffs). The district court determined that the Plaintiffs had made more than one claim against their former financial advisor, who was insured by Continental under a professional liability insurance...

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