DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112427P.pdf 03/05/2012 Secura Insurance v. Weitz Company
U.S. Court of Appeals Case No: 11-2427
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Murphy, Author, with Bye and Colloton, Circuit Judges]
Civil Case - diversity; declaratory judgment action. Subcontractor's
insurers had no duty to defend general contractor as an "additional
insured" on claim for attorneys fees and costs it incurred in defending a
counterclaim because claim was not based on an "occurrence" triggering
coverage. District court's grant of summary judgment to subcontractor's
insurer is affirmed. A lawsuit seeking damages for breach of contract
does not state an "occurrence." under Missouri law. Judge Bye concurs.