Payne, et al. v. Grinnell Mutual Reinsurance Co., No. 12-2243 (8th Cir. 2013)
Annotate this CasePlaintiffs appealed the district court's grant of summary judgment to Grinnell on their claim for equitable garnishment of a personal liability insurance policy issued to the sellers of the home. Plaintiffs claimed that the insureds' misrepresentations regarding the condition of the home qualified as a covered occurrence under the policy. The court concluded, however, that the policy provided coverage only for property damage caused by the occurrence. In this instance, there was no property damage caused by the asserted occurrence, and therefore, there was no applicable coverage. Plaintiffs' alternative argument failed where, even if plaintiffs were correct that the structural damage was caused by a covered occurrence, the damage would be excluded from coverage by the policy. Accordingly, the court affirmed the judgment.
Court Description: Civil case - Insurance. Under Missouri law, the insureds' misrepresentations regarding the condition of their home at the time of its sale to the plaintiffs did not constitute a covered occurrence under the policy issued by Grinnell; even it the plaintiffs are correct that the structural damage to the home was caused by a covered occurrence, the damage was excluded under a provision of the policy which excluded property damage.
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