United States Eighth Circuit

In a suit over an insurance company's denial of coverage for an indemnification payment made to a surety bond issuer for its arbitration expenses, summary judgment for plaintiff is affirmed where: 1) the district court properly characterized the underlying arbitration claim as a claim for property damage; 2) ambiguities in the terms of insurance policy must be resolved in favor of coverage under Missouri law; 3) the indemnity award fell within the insurance policy's definition of "loss"; and 4) an exclusion in the policy did not apply to the indemnification.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

• MELLOY, Circuit Judge., Before BYE, ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Daniel G. Litchfield, argued, Stephanie W. Tipton, on the brief, Chicago, IL, for Defendant-Appellant., Timothy E. Hayes, argued, Daniel Robert Schramm, Thomas M. Payne, III, on the brief, St. Louis, MO, for Plaintiff-Appellee.