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Midwest Family Mutual Ins. Co. v. Superior Manufacturing, et al.

Docket No. 20220308
Oral Argument: Monday, April 17, 2023 2:45 PM

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”.


Briefs

Filing Date Description
02/03/2023 APPELLANT BRIEF View
03/21/2023 AMENDED APPELLEE BRIEF - MIDWEST FAMILY MUTUAL INSURANCE COMPANY View

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