Midwest Family Mutual Ins. Co. v. Superior Manufacturing, et al.
Docket Info
- Title
- Midwest Family Mutual Insurance Company, Plaintiff and Appellee
v.
Superior Manufacturing, LLC and Superior, Inc., Defendants
and
James & David Cooper Farms, Inc., Philip Cooper
and Michael D. Cooper, Intervenors, Defendants, and Appellants - Case Type
- CIVIL APPEAL : INSURANCE
- Appeal From
-
Case No. 2021-CV-03028
East Central Judicial District, Cass County
John Charles Irby
Parties' Statement of Issues
-
Appellant
Midwest Family Mutual Insurance Company (MFM) filed a declaratory judgment action in the District Court, County of Cass, seeking a declaration that insurance policies it issued to Superior Manufacturing, LLC and Superior, Inc. (collectively referred to herein as Superior) do not provide coverage for Superior’s liability to James & David Cooper Farms, Inc., Philip Cooper, and Michael D. Cooper (collectively referred to herein as Cooper Farms). Cooper Farms intervened in the case. MFM moved for summary judgment, and the District Court granted summary judgment to MFM, in part, and against Superior and Cooper Farms. Cooper Farms identifies six issues with the grant of summary judgment in this appeal:
(1) Whether the District Court erred by holding that the Missouri Judgment is not covered under MFM’s policies, with the exception of $296,000;
(2) Whether the District Court erred by holding that Superior and Cooper Farms have not met their burden of proof that there was an “occurrence” covered by MFM’s policies;
(3) Whether the District Court erred by holding that Superior and Cooper Farms have not met their burden of proof that there was “property damage” covered by MFM’s policies;
(4) Whether the District Court erred by holding that even if Superior and Cooper Farms were able to meet their burden of proving “property damage” caused by an “occurrence,” coverage is excluded by the “business risk” exclusions, specifically the Damage to Your Product exclusion and the Damage to Your Work exclusion;
(5) Whether there is coverage under the policies for products-completed operations; and
(6) Whether there is coverage under the policies pursuant to the concurrent cause doctrine if part of Superior’s liability is not covered. -
Appellee 1
I. Whether the District Court properly concluded that the Missouri Judgment is not covered under the Businessowner’s Policy nor the Commercial Umbrella Policy issued to Superior, with the exception of $296,000.00 for damage to other property.
II. Whether the District Court properly concluded that Cooper Farms and Superior have not met their burden of proof that the performance of defective or faulty work by Superior is an “occurrence” covered by the Midwest Family policies.
III. Whether the District Court properly concluded that Cooper Farms and Superior have not met their burden of proof that the physical injury to Superior’s grain bin structures and any loss of use is “property damage” covered by the Midwest Family policies.
IV. Whether the District Court properly concluded that even if Superior and Cooper Farms were able to meet their burden of proving “property damage” caused by an “occurrence”, coverage is excluded by the “business risk” exclusions, specifically the Damage to Your Product exclusion and the Damage to Your Work exclusion.
V. Whether the District Court properly concluded that there is not separate coverage under the Midwest Family policies for “products-completed operations”.
Counsel
Party | Type | Name |
---|---|---|
APPELLANT | PRIVATE PRACTICE | Brandt Michael Doerr - 08520 |
APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
APPELLANT | PRIVATE PRACTICE | Zachary Evan Pelham - 05904 |
APPELLEE | PRIVATE PRACTICE | William P Harrie - 04411 |
APPELLANT | PRIVATE PRACTICE | Mark R Western - 06181 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 10/17/2022 | NOTICE OF APPEAL : 10/17/2022 | View |
2 | 10/17/2022 | ORDER FOR TRANSCRIPT : 10/20/2022 | View |
3 | 10/17/2022 | Affidavit of R. Edward Murphy in support of Admission to Practice Pro Hac Vice | View |
4 | 10/17/2022 | Affidavit of Benjamin S. Creedy in support of Admission to Practice Pro Hac Vice | View |
5 | 10/19/2022 | Updated Affidavit of Joseph W. Elliott in support of Admission to Practice Pro Hac Vice | View |
6 | 10/19/2022 | Rec'd Filing Fee | |
7 | 10/20/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
8 | 10/20/2022 | Notice served on Zachary E. Pelham, Mark R. Western, Brandt M. Boerr, R. Edward Murphy, | |
9 | 10/20/2022 | Joseph W. Elliott, Benjamin S. Creedy, William P. Harrie and Ronald J. Knoll | |
10 | 10/26/2022 | AMENDED ORDER FOR TRANSCRIPT | View |
11 | 11/16/2022 | ELEC. RECORD ON APPEAL DATED NOVEMBER 15, 2022 (ENTRY NOS.1-141) | View |
12 | 12/12/2022 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 9, 2022 (ENTRY NOS. 142-145) | View |
13 | 12/12/2022 | All Transcripts Filed in Record | |
14 | 01/10/2023 | MOT. EXT/TIME APPELLANT BRIEF | View |
15 | 01/10/2023 | ACTION BY CLERK - Granted : 02/03/2023 | |
16 | 02/03/2023 | APPELLANT BRIEF | View |
17 | 02/03/2023 | Oral Argument Request by Appellants | |
18 | 02/06/2023 | MOT. EXT/TIME APPELLEE BRIEF (Midwest Family Mutual Ins. Co.) | View |
19 | 02/07/2023 | ACTION BY CLERK (Midwest Family Mutual Ins. Co.) - Granted : 03/20/2023 | |
20 | 02/09/2023 | Rec'd corrections to ATB (hard page breaks) & service document | |
21 | 02/10/2023 | Rec'd 4 copies of ATB from Central Duplicating | |
22 | 02/21/2023 | Rec'd notice from counsel Ronald J. Knoll that Superior Manufacturing, LLC and Superior, Inc. | View |
23 | 02/21/2023 | will not be filing a brief or participating in the appeal | |
24 | 03/17/2023 | APPELLEE BRIEF - MIDWEST FAMILY MUTUAL INSURANCE COMPANY (Amended AEB filed 3/21/23) | |
25 | 03/21/2023 | AMENDED APPELLEE BRIEF - MIDWEST FAMILY MUTUAL INSURANCE COMPANY | View |
26 | 03/21/2023 | Oral Argument Request by Appellee Midwest Family Mutual Insurance Company | |
27 | 03/21/2023 | NOTICE OF ORAL ARGUMENT SENT | |
28 | 03/23/2023 | Rec'd 4 copies of AEB from Central Duplicating |