Chicago Ins. Co. v. Archdiocese of St. Louis, et al., No. 12-4012 (8th Cir. 2014)Annotate this Case
After CIC denied the Archdiocese's demand for secondary excess carrier coverage, CIC filed suit seeking a declaration that its policy did not provide coverage for the underlying wrongful death litigation. On appeal, the Archdiocese challenged the district court's grant of summary judgment in favor of CIC. The court concluded, under Gibson v. Brewer, that the Archdiocese did not affirmatively establish that it was legally liable for the conduct alleged in the wrongful death claim and the court concluded that the Archdiocese was not entitled to indemnity coverage under CIC's policy. The court rejected the Archdiocese's remaining arguments and affirmed the judgment of the district court.