United States Eighth Circuit

In a dispute involving insurance liability coverage, district court's grant of summary judgment for plaintiff is affirmed where: 1) the cotton was in defendant's custody, control and care at the time of the property-damaging occurrence and thus the control and care exclusion in the insurance policy issued by plaintiff applied; and 2) the damage to the cotton was not covered by defendant's agribusiness insurance policy as the defects, errors and omissions exclusion in the policy applies and precludes coverage of the loss.

Appellate Information

• Decided 07/01/2009
• Published 07/01/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Mark Douglas Paulson, argued, Amy R. Paulus, Chicago, IL, Lisa Larkin, Julie Ann Owens, St. Louis, MO, on the brief, for Plaintiff-Appellee., Joseph C. Blanton, Jr., argued, Thomas W. Collins, III, Shaun D. Hanschen, on the brief, Sikeston, MO, for Defendant-Appellant.