NCMIC INS. CO. v. ALLIED PROFESSIONALS INS. CO.

No. 23-3261.

110 F.4th 1072 (2024)

NCMIC INSURANCE COMPANY, Plaintiff-Appellee v. ALLIED PROFESSIONALS INSURANCE COMPANY, a Risk Retention Group, Inc., Defendant-Appellant. Charlotte Erdmann; Kristin M. Schantzen; Jay J. Schantzen; Valley Chiropractic Clinic, Ltd., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 5, 2024.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jeffrey Mulder, of Minneapolis, MN. The following attorney(s) appeared on the appellant brief; Jeffrey Mulder, of Minneapolis, MN., and James C. Kovacs, of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Robert E. Kuderer, of Minneapolis, MN. The following attorney(s) appeared on the appellee brief; Robert E. Kuderer, of Minneapolis, MN.

Before COLLOTON, Chief Judge, SHEPHERD and STRAS, Circuit Judges.


In this insurance coverage dispute, Allied Professionals Insurance Company (APIC) seeks to compel arbitration of NCMIC Insurance Company's (NCMIC) declaratory judgment action. Proceeding under a theory of direct-benefits estoppel, APIC argued that NCMIC could be compelled to arbitrate because of a clause in APIC's insured...

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