Tuesday, August 09, 2011

Eighth Circuit -- Macheca Transport Company v. Philadelphia Indemnity Ins.

Macheca Transport Company v. Philadelphia Indemnity Ins.

As the terms of the insurance policy encompassed fixtures as well as buildings, the specific requirement of total, flattening collapse that Missouri courts of appeal have advanced cannot apply.

District court erred in holding that ice damage in policy could not refer to ice accumulating from mechanical processes.  Summary judgment justified.

Vexatious refusal to pay TKO'd, as insurer had a legit claim.









Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.