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.
111967P.pdf 03/27/2012 Gulf Underwriters Ins. Co. v. Lowell Burris
U.S. Court of Appeals Case No: 11-1967
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Bright and Shepherd, Circuit Judges]
Civil case - Insurance. District court erred in determining that insured's
inability to comply with its self-insurance obligations was a material
breach terminating Gulf's obligations under the policy as the express
provisions of the policy provide that all terms of the policy apply
irrespective of the self-insured obligations; further, the declaratory
judgment action brought by Gulf should be dismissed with prejudice as a
direct action is the preferred procedure to determine insurance coverage
under Wisconsin law.