United States Eighth Circuit

In an action by an insurer against a property inspector claiming that the insurer issued a policy to a third party based on an inadequate inspection by defendant, summary judgment and an award of attorney's fees for defendant are affirmed where: 1) the only affidavit submitted by plaintiff in opposition to summary judgment was purely self-serving; 2) the parties' agreement contained an enforceable indemnification clause; and 3) this situation was clearly one of these unique circumstances under Missouri law where attorney's fees were not specified in the contract, but where defendant was defending a suit brought against it in reference to the matters against which it was indemnified.

Appellate Information

• Decided 05/03/2010
• Published 05/03/2010

Judges

• SHEPHERD, Circuit Judge., Before GRUENDER and SHEPHERD, Circuit Judges, and LANGE,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Esther Joy Schwartz, argued Chicago, IL, Robert W. Cockerham, Samuel John Vincent, III, St. Louis, MO, David S. Allen, Chicago, IL, on the brief, for Appellant.


• For Appellees:
  
• Bradley Ryan Fellman, argued, Atlanta, GA, Paul L. Fields, Jr., Atlanta, GA, Stanley N. Wilkins, Kansas City, MO, on the brief, for Appellee.