DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072487P.pdf 02/03/2009 Spirco Environmental v. American International Special
U.S. Court of Appeals Case No: 07-2487
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Bye and Arnold, Circuit Judges]
Civil case - insurance. For additional information about the dispute in
question, see No. 07-1547 Spirtas v. Insurance Company of the State of
Pennsylvania, issued this date. Property owner's claim against Spirco was
claim for property damages unrelated to work Spirco performed under
contract; the loss, a contractual indemnity award for a surety's fees
incurred in defense of the property damage claim, fell within the policy's
definition of loss because, under Missouri law, it was reasonably apparent
and a natural and reasonable incident or consequence of the underlying
property damage, and the loss was covered; underlying fee award did not
represent a liability of others assumed by Spirco, and exclusions in the
policy for such losses did not apply.