Brand v. National Union Fire Insurance Co., No. 18-1372 (8th Cir. 2019)
Annotate this CaseInsured Directors, plaintiffs in this declaratory judgment action seeking to allocate defense costs among insured and uninsured parties, appealed the district court's adverse grant of summary judgment in favor of National Union. The court affirmed and held that the Insured Directors' failure to carry their burden of showing entitlement to 100% coverage was the dispositive issue before the district court and was dispositive on appeal. In this case, the district court appropriately considered the only issue properly raised before it. Therefore, the district court did not err in concluding that the Insured Directors failed to meet their burden of proving an allocation different from that proposed by National Union.
Court Description: Erickson, Author, with Shepherd and Kobes, Circuit Judges] Civil case - Insurance. For a related appeal, see Unison Co. v. Juhl Energy Dev., Inc. 789 F.3d 816 (8th Cir. 2015). Plaintiffs' issue before the district court was whether they were entitled to allocate 100% of federal lawsuit and arbitration expenses and costs to National Union and the district court did not err in determining they failed to carry their burden of entitlement to 100% coverage.
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