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BANCINSURE, INC. v. F.D.I.C.

Nos. 14-3063, 14-3064.

796 F.3d 1226 (2015)

BANCINSURE, INC., Plaintiff Counter Defendant-Appellee, Kansas Insurance Guaranty Association, Intervenor-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of The Columbian Bank and Trust Company, Defendant-Appellant, and Carl L. McCaffree, former director and officer of The Columbian Bank and Trust Company; Jimmy D. Helvey; Sam McCaffree, former director and officer of The Columbian Bank and Trust Company, Defendants Counterclaimants. BancInsure, Inc., Plaintiff Counter Defendant-Appellee, Kansas Insurance Guaranty Association, Intevenor-Appellee, v. Carl L. McCaffree, former director and officer of The Columbian Bank and Trust Company; Jimmy D. Helvey, former director and officer of The Columbian Bank and Trust Company; Sam McCaffree, former director and officer of The Columbian Bank and Trust Company, Defendants Counterclaimants-Appellants, and Federal Deposit Insurance Corporation, as receiver of The Columbian Bank and Trust Company, Defendant.

United States Court of Appeals, Tenth Circuit.

August 6, 2015.

Attorney(s) appearing for the Case

Joseph Brooks ( Colleen J. Boles , Assistant General Counsel, Kathryn R. Norcross , Senior Counsel, and Michelle Ognibene , Counsel, with him on the briefs) Federal Deposit Insurance Corporation, Arlington, VA, for Defendant-Appellant FDIC.

Ryan Gill , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Denver, CO, for Appellee Kansas Insurance Guaranty Association.

Mark G. Arnold of Husch, Blackwell, L.L.P., St. Louis, MO; and Lyndsey J. Conrad and Stacey Bowman of Husch, Blackwell, L.L.P., Kansas City, MO, filed a brief for Defendants-Appellants Carl McCaffree, Jim Helvey, and Sam McCaffree.

Before KELLY, HOLMES, and McHUGH, Circuit Judges.

This case presents the question whether claims by the FDIC as receiver (FDIC-R) of Columbian Bank & Trust (Columbian) against three ex-directors of Columbian are covered under a Directors and Officers Liability Insurance Policy (the policy). Defendant-Appellants Carl McCaffree, Jimmy D. Helvey, and Sam McCaffree (director...

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