Insurance: Civil Rights Lawsuit-County Insurance Policy-Duty to Defend and Indemnify

Plaintiff appealed from the grant of judgment on the pleadings to defendant county, finding plaintiff had a duty to defend the county against a civil rights lawsuit filed against the county by Russell Faria, who had been wrongly arrested and convicted for murder.

Where the underlying civil rights suit alleged that county officials acted recklessly and incompetently, those claims fell within the scope of plaintiff’s policy as Faria continued to be detained when plaintiff’s policy came into effect.

Erickson, J., dissenting: “Because Faria has alleged injuries occurring during the time MOPERM provided liability insurance coverage to the county, Argonaut has no duty to defend according to the plain language set forth in the scope of its insuring agreement and because the policy contains an “other insurance” provision specifically informing the insured that it has no duty to defend if any other insurer has a duty to defend.”

Judgment is affirmed.

Argonaut Great Central Insurance Company v. Lincoln County (MLW No. 74708/Case No. 18-2930 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.) Appealed from U.S. District Court, Eastern District of Missouri, Ross, J. (C. Raymond Bell, of Saint Louis, for appellant) (Paul Edward Martin, of Saint Louis, for appellees; Neil J. Bruntrager, of Saint Louis on brief)