Insurance-D&O Policy-Coverage-Evidence of Claim or Loss

Plaintiff, acting as receiver for Empirical Prime, LLC, appealed the grant of defendant’s motion to dismiss and the denial of leave for plaintiff to file an amended complaint. Plaintiff filed suit seeking coverage under a D&O policy issued by defendant. The district court dismissed the complaint, finding that plaintiff had failed to allege a claim or loss that would trigger coverage, and concluded that any amendment would be futile.

Where the district court’s reasoning was sufficiently connected to the arguments raised by defendant in its motion to dismiss and where there was no evidence that any demand was made against Empirical, the district court correctly dismissed the complaint.

Judgment is affirmed.

King v. Texas Insurance Company (MLW No. 85210/Case No. 25-3401 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, Western District of Missouri, Phillips, J. (Christopher S. Dove, Prairie Village, KS for appellant; Mandi R. Hunter, Prairie Village, KS on the brief) (Kim William West, San Francisco, CA for appellee; Michael C. Kirkham, Overland Park, KS; Steven R. Savio, Overland Park, KS; and Alec H. Boyd, Los Angeles, CA on the brief)