United States Eighth Circuit

In a coverage dispute over certain property damage, summary judgment for insurer based on a finding that the property was vacant and unoccupied for more than sixty days when the loss occurred, triggering a policy exclusion, is reversed and remanded where the insurer failed to bring a governing policy provision to the district court's attention.

Appellate Information

• Decided 08/28/2007
• Published 08/28/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul Anthony Banker, argued, Minneapolis, MN, Meghan M. Elliott and Jonathan C. Miesen, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Mark S. Brown, argued, Minneapolis, MN, for appellee.