United States Eighth Circuit

While the injury suffered by plaintiff's customer constituted property damage within the meaning of the commercial general liability policy issued by defendant, the policy excluded from coverage those customer losses due solely to the failure of the rack system purchased from plaintiff. Although loss of use of customer's warehouse is covered, no such loss occurred here.

Appellate Information

• Decided 01/28/2004
• Published 01/28/2004

Judges

• SMITH, Circuit Judge., Before HANSEN, Chief Judge, BRIGHT and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas E. Johnson, argued, Omaha, NE (Kirk S. Blecha, Omaha, NE, on the brief), for appellant.


• For Appellees:
  
• James J. Frost, argued, Omaha, NE, for appellee.