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.
101482P.pdf 08/09/2011 Macheca Transport Company v. Philadelphia Indemnity Ins.
U.S. Court of Appeals Case No: 10-1482
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Bye, Author, with Murphy and Melloy, Circuit Judges]
Civil case - Insurance. For the court's prior opinion in the matter, see
Macheca Transp. Co. V. Phila. Indem. Inc. Co., 463 F.3d 827 (8th Cir.
2006). The district court erred in adopting the restrictive definition of
"collapse" discussed by the Missouri Court of Appeals in a series of cases
as none of those cases addressed the meaning of the term when used in
conjunction with the expansive definition of the term "buildings" used in
the policy at issue; as a result, the court erred in granting defendant's
motion for summary judgment on plaintiff's claim that the loss was
covered under the policy's collapse provisions; the district court also erred
in determining that the weight of ice on refrigerated pipes did not
constitute a specified cause of loss under the terms of the policy; plaintiff
was entitled to partial summary judgment on liability under its weight-of-
ice claim because the weight of ice was a specified cause of loss; district
court did not err in granting summary judgment for defendant on
plaintiff's vexatious refusal to pay claim.