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.
191140P.pdf 04/21/2020 Murphy Oil Corporation v. Liberty Mutual Fire Insurance
U.S. Court of Appeals Case No: 19-1140
U.S. District Court for the Western District of Arkansas - El Dorado
[PUBLISHED] [Benton, Author, with Grasz and Stras, Circuit Judges]
Civil case -Insurance. In the underlying action, the purchaser of a
refinery alleged Murphy has sold the plant in a conditions unsuitable for
use, which led to a fire, and Murphy requested that Liberty defend the
suit under the parties' commercial general liability policy; Liberty
denied coverage and Murphy brought this declaratory judgment action. The
district court did not err in granting Liberty summary judgment as there
was no duty to defend because the statute of limitations on any tort
action by the purchaser had run before the underlying suit was brought;
any remaining liability Murphy might have for economic loss from breach of
contract is not covered by the policy; the policy expressly excludes
coverage for damages Murphy may have assumed in the sale contract for
misrepresentation or breach of warranty.