United States Eighth Circuit

In a declaratory judgment action brought to enforce a settlement plaintiff had reached with its mechanical contractor who was insured by defendants, summary judgment for defendants-insurers is affirmed over claims that: 1) the district court incorrectly ruled that certain policy exclusions barred coverage for welding repairs and consequential loss of use of a facility; 2) the court erred in finding an agreement unreasonable and in refusing to enforce its addendum; and 3) plaintiff's underlying litigation against the insured should be reinstated if the rulings are upheld.

Appellate Information

• Decided 02/07/2008
• Published 02/07/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, HANSEN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kay Nord Hunt, argued, Minneapolis, MN, Jane Volz, Lakeville, MN, on the brief, for appellant.


• For Appellees:
  
• Jerome B. Abrams, argued, Minneapolis, MN, Kevin R. Lewis, Minneapolis, on the brief, for appellee Continental Casualty Company., Jeanne H. Unger, argued, Minneapolis, MN, Patrick E. Maloney and Dale R. Kurth, Chicago, IL, on the brief, for appellee Lumbermens Mutual Casualty Company.