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CHICAGO INS. CO. v. CITY OF COUNCIL BLUFFS

Nos. 12-1918, 12-1922.

713 F.3d 963 (2013)

CHICAGO INSURANCE COMPANY, an Illinois corporation, Plaintiff v. CITY OF COUNCIL BLUFFS; Daniel C. Larsen, in his individual and official capacities; Lyle Brown, in his individual and official capacities, Defendants. Columbia Casualty Company, Plaintiff-Appellee v. City of Council Bluffs; Daniel C. Larsen; Lyle Brown; David Dawson; Terry J. Harrington, Defendant Curtis W. McGhee, Jr., Defendant-Appellant. Chicago Insurance Company, an Illinois corporation, Plaintiff-Appellee v. City of Council Bluffs; Daniel C. Larsen, in his individual and official capacities; Lyle Brown, in his individual and official capacities, Defendants-Appellants. Columbia Casualty Company, Plaintiff-Appellee v. City of Council Bluffs; Daniel C. Larsen; Lyle Brown; David Dawson, Defendants-Appellants Terry J. Harrington; Curtis W. McGhee, Jr., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: April 30, 2013.

Attorney(s) appearing for the Case

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

Bethany K. Culp , argued, Minneapolis, MN, Duana J. Grage , Minneapolis, MN, Debra Lynn Hulett , Des Moines, IA, on the brief, for appellee Chicago Insurance Company.

Roderick Timothy Dunne , argued, Chicago, IL, Debra Lynne Hulett , Des Moines, IA, Linda J. Carwile , Chicago, IL, on the brief, for appellee Columbia Casualty Company.

Before WOLLMAN, BYE, and BENTON, Circuit Judges.

WOLLMAN, Circuit Judge.

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court's order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC's and Columbia's declaratory judgment claims concerning coverage under various insurance policies. We affirm as to those policies in effect after 1977, but reverse...

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