Court of Appeals for the Eighth Circuit April 24, 2009, 07-3624, 07-3625 (Westchester Fire Insurance v. Wallerich)

BYE, Circuit Judge,

dissenting.

Contrary to the Court’s conclusion, Shayna Fayette is not an insured under Westchester’s policy for the claims she brought against Douglas Wallerich, Par-tick Lowther, and Sharon O’Reilly (the Insureds). I therefore respectfully dissent.

I

The Court concludes Shayna Fayette is an insured under the policy — triggering the policy’s insured vs.