Robert R. McCormick Foundation v. Arthur J. Gallagher Risk Management Services, Inc.

Plaintiff foundations filed suit against their former insurance broker for loss of defense coverage under foundations' D&O liability insurance policy.  Court erred in interpreting exclusion by failing to see it as ambiguous. Clause "any other provision. . . used to impose liability" is ambiguous, as it is susceptible to more than one reasonable interpretation. Thus, clause to be strictly construed against the insurer, and narrow construction of clause is the most plausible.(JORGENSEN and HUDSON, concurring.)