Millard Gutter Co. v. Continental Casualty Co., No. 20-2760 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment in favor of Continental in an action brought by Millard Gutter, alleging that Continental breached insurance policies issued to third parties. The court concluded that Millard Gutter lacked authority to determine the scope of the loss or damage sustained by Midwest Screw or Dr. Schroeder. In this case, the authorization terms are clear and no reasonable person would construe them to assign Midwest Screw's and Dr. Schroeder's claims to Millard Gutter or to otherwise grant Millard Gutter the right to determine the scope of damages or loss. Rather, the plain language of the authorizations permits Millard Gutter only to seek payment from defendants and to negotiate the terms of those payments with defendants.
Court Description: [Per Curiam - Before Loken, Kelly, and Erickson, Circuit Judges] Civil case - Insurance. Under the agreements the insureds signed with plaintiff, plaintiff lacked the authority to determine the scope of the loss or damage sustained by the insureds, and the district court properly granted summary judgment to the insurers.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.