In plaintiff-James River Insurance’s case seeking a declaration that it had no duty to defend or indemnify two lawyers who were sued for malpractice, district court’s grant of summary judgment in favor of defendant-Kemper Insurance is reversed with instructions to enter the declaratory judgment requested by the plaintiff as James River’s policy does not apply since it excludes coverage of conduct covered by a prior insurer, and all the wrongful acts alleged in the malpractice suit arose from events that took place in Kemper’s policy period.
Read James River Ins. Co. v. Kemper Cas. Ins. Co., No. 08-3570
Appellate Information
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division
Decided October 28, 2009
Judges
Before: Posner, Manion, and Tinder, Circuit Judges
Opinion by Posner, Circuit Judge
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