Mau v. Twin City Fire Insurance Co., No. 17-3392 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's grant of Twin City's cross-motion for summary judgment, finding that Twin City did not owe Robert Mau or EWS a duty to defend under a Twin City insurance policy. Applying North Dakota law, the court held that Twin City owed no duty to defend Mau in his capacity as director and officer of MW because no claims were brought against him in that capacity and, in any event, the dual service exclusion applied. The court also held that Twin City did not owe a duty to defend EWS where the claims against it for breach of contract and fraud are based upon the Asset Purchase Agreement and liability could not have been incurred in absence of the Agreement. Furthermore, even if EWS's arguments had some validity, the contract exclusion would apply to any resulting liability.