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.
133252P.pdf 03/17/2015 Argonaut Great Central Ins. v. Audrain County Joint
U.S. Court of Appeals Case No: 13-3252
U.S. District Court for the Eastern District of Missouri - Hannibal
[PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit Judges]
Civil case - Torts. The court had jurisdiction in this interlocutory
appeal over the question of whether defendant's purchase of insurance
waived the common law sovereign immunity it might otherwise have under Mo.
Rev. Stat. Sec. 537.600; the court lacked jurisdiction to address the
question of whether defendant's purchase of insurance also waived any
statutory immunity it might have under Mo. Rev. Stat. Sec. 190.307 as a
911 call center, as that statute does not extend to defendant a
substantive right to be free from the burdens of litigation; the district
court did not err in determining that defendant did not present sufficient
evidence that it and its insurer had a pre-existing agreement to attach a
sovereign immunity endorsement to the insurance policy and made a mutual
mistake when they failed to do so; the district court did not err,
therefore in determining defendant waived the common law sovereign
immunity provided by Sec. 537.600 through the purchase of insurance.
133252P.pdf 02/11/2015 Argonaut Great Central Ins. v. Audrain County Joint
U.S. Court of Appeals Case No: 13-3252
U.S. District Court for the Eastern District of Missouri - Hannibal
[PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit Judges]
Civil case - Torts. In suit alleging defendant's negligence in monitoring
a private security firm's alarm panels resulting in damages to Argonuat's
insured, the court had jurisdiction in this interlocutory appeal over the
question of whether defendant's purchase of insurance waived the common
law sovereign immunity it might otherwise enjoy under Mo. Rev. Stat.
Section 537.600; the court lacked jurisdiction to address the question
whether defendant's purchase of insurance also waived any statutory
immunity it might enjoy under Mo. Rev. Stat. Section 190.307 as a 911 call
center as the statutory section does not extend defendant a substantive
right to be free from the burdens of litigation; with respect to the issue
of common law sovereign immunity, the district court did not err in
finding defendant had not presented sufficient evidence of a pre-existing
agreement with its insurer to attach a sovereign immunity endorsement to
the policy; as a result, the district court's finding that defendant had
waived the immunity provided by the statute through its insurance purchase
is affirmed.