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.

153573P.pdf   01/12/2017  Barbara Williams  v.  Employers Mutual Casualty Co.
   U.S. Court of Appeals Case No:  15-3573
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Kelly, Author, with Wollman and Arnold, Circuit Judges] Civil case - Insurance. The consent judgment in this matter was a final decision because it unconditionally disposed of the last of plaintiff's unresolved claims, and the court had jurisdiction over the appeal of the consent judgment; plaintiff had not waived her right to appeal the consent judgment; earlier judgment on the pleadings did not end the case and the matter was not final for purposes of appeal until the consent judgment was entered; it is clear from the face of plaintiff's complaint that she sought relief on behalf of the class of the residents of the Collier mobile home park, and the district court did not err in determining that the matter was a class action and that it had jurisdiction under CAFA; the district court did not err in determining the insurers did not have a duty to defend or indemnify Collier in the original action brought by plaintiffs; the plaintiffs' claims concerning contaminated drinking water were covered by pollution exemptions in the policies as there was no dispute that the contaminants in the water - radium and coliform bacteria - were pollutants within the meaning of the policies; the claim that Collier failed to build certain promised amenities at the mobile home park states a claim for breach of contract and none of the policies at issue covered damages from breach of contract; because the insurers had no duty to defend, under Missouri law they had no duty to indemnify.