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Submitted: February 11, 2009

Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

This appeal arises from a summary judgment granted in favor of American Home Assurance Company (American Home) in a suit against Kelly Pope (Kelly) and C. Robert Buckley (Buckley). American Home filed a diversity suit seeking a declaration it was not liable under a professional liability insurance policy for the acts of Dr. Bruce N. Strnad (Dr. Strnad), who was a named insured under the policy. This case is before us on appeal for the third time. See Am. Home Assurance Co. v. Pope, 360 F.3d 848 (8th Cir. 2004) (American Home I); Am. Home Assurance Co. v. Pope, 487 F.3d 590 (8th Cir. 2007) (American Home II). In American Home II, 487 F.3d at 607, we remanded for the district court to determine whether an exclusion in the policy exempted American Home from liability under the policy, and if not, whether Kelly was entitled to indemnification from American Home. The district court determined the policy exclusion applied, granted summary judgment to American Home, and declined to decide the second issue. We reverse.

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