United States Eighth Circuit

In a declaratory judgment and breach of contract action arising when defendant-insurer declined to cover expenses incurred by plaintiff-policyholder due to a switchgear failure, summary judgment and an award of attorney's fees for plaintiff is affirmed where: 1) the district court did not err in determining certain rental and fuel costs were covered under a policy provision covering replacement of the gear; 2) plaintiff's motivation in the rentals and fuel purchases did not bring such expenses into a policy exclusion for loss or damage to growing crops; and 3) under North Dakota law, there was no abuse of discretion in awarding plaintiff attorney's fees.

Appellate Information

• Decided 07/17/2007
• Published 07/17/2007

Judges

• MURPHY, Circuit Judge., Before MURPHY, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Peter E. Kanaris of Chicago, IL.   Also appearing on appellant's brief were David E. Heiss and Jonathan S. Weber of Chicago, IL, and Karl E. Robinson of Minneapolis, MN.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Mark R. Hanson of Fargo, ND.   Also appearing on the brief was Shanon M. Gregor of Fargo, ND.