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.
141882P.pdf 05/21/2015 Zup's of Babbitt-Aurora, Inc. v. West Bend Mutual Insurance Co.
U.S. Court of Appeals Case No: 14-1882
and No: 14-1950
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Gruender, Author, with Shepherd and Kelly, Circuit Judges]
Civil case - Insurer. In an action to determine which insurer was
responsible for the insured's lost income following a fire which destroyed
its store and adjacent shopping mall, applying either the "closeness to
the risk" test or the "total policy insuring intent" test, Security
National's coverage of lost income from the supermarket was the primary
coverage and West Bend only had liability if Security National's coverage
was exhausted; since it is undisputed that Security's coverage was not
exhausted, Security was responsible for the insure's lost supermarket
income.