United States Eighth Circuit

In a declaratory judgment action claiming plaintiff had no duty to defend or indemnify insured-turbine servicer in an action for damages brought by an oil refinery owner, summary judgment for insurer is affirmed where: 1) a particular policy exclusion, which excludes coverage for property damage to property which must be repaired because the insured's work was incorrectly performed, applied; and 2) it excluded both the cost of restoring a damaged compressor, as well as the significantly greater sum for lost business while it was out of service.

Appellate Information

• Decided 08/01/2008
• Published 08/01/2008

Judges

• BYE, Circuit Judge., Before BYE, BEAM, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Chad A. Snyder, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Robert J. Franco, argued, Richard M. Kuntz and Kelly L. Soltz, Chicago, IL, on the brief, for appellee.