United States Eighth Circuit

Summary judgment for an insurer on plaintiff's claim for breach of contract for denial of insurance coverage based on "direct physical loss to" its property is affirmed where plaintiff did not experience direct physical loss to its property and thus plaintiff could not recover the loss of business income resulting from an embargo on beef products due to "mad cow disease."

Appellate Information

• Decided 10/13/2006
• Published 10/13/2006

Judges

• GRUENDER, Circuit Judge., Before SMITH, HEANEY  and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael R. Cunningham, Minneapolis, MN (Lawrence A. Moloney, on the brief), for appellant.


• For Appellees:
  
• Jonathan D. Jay, Minneapolis, MN (Terrance C. Newby and Nicholas S. Kuhlmann, on the brief), for appellee.