United States Eighth Circuit

In an insurance coverage dispute arising out of a fatal automobile collision at a railroad crossing, summary judgment for insurer in its declaratory judgment action is reversed where: 1) the railroad was an additional insured under a primary policy, and its status as an additional insured for work performed by a traffic control service provider on its behalf during the policy period did not automatically terminate on the expiration date of the written contract; 2) the known loss doctrine was not applicable to the facts of the case; and 3) the underlying claims arose out of the provider's work and were covered under the primary and umbrella policies.

Appellate Information

• Decided 12/04/2006
• Published 12/04/2006

Judges

• DOTY, District Judge., Before LOKEN, Chief Judge, ARNOLD, Circuit Judge, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Sean F. Rommel, argued, Texarkana, TX, for appellant.


• For Appellees:
  
• R. Brent Cooper, argued, Dallas, TX, for appellee.