Boulevard RE Holdings, LLC v. Mixon Insurance Agency, Inc., No. 22-1895 (8th Cir. 2023)
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Boulevard RE Holdings, LLC (Boulevard) sued Mixon Insurance Agency, Inc. (Mixon), alleging breach of contract and negligent procurement of insurance. Mixon moved for summary judgment. The district court granted Mixon’s motion. Boulevard appealed that order. On appeal, Boulevard challenged the district court’s conclusions that Mixon had no duty to know or discover whether Boulevard was a mortgagee under Missouri law and that Mixon’s actions did not cause Boulevard’s alleged damages.
The Eighth Circuit affirmed. The court reasoned that even assuming that the district court erred in concluding that Mixon did not have a duty to know or discover whether Boulevard was a mortgagee, summary judgment in favor of Mixon was proper because Boulevard cannot show Mixon caused its alleged damages. Noncompliance with the policy, not Mixon’s failure to notify, barred recovery. Therefore, Bell is inapplicable. The district court did not err in granting Mixon’s motion for summary judgment.
Court Description: [Smith, Author, with Wollman and Loken, Circuit Judges] Civil case - Breach of contact/Insurance. Even assuming that the district court erred in concluding defendant did not have a duty to know or discover whether Boulevard was a mortgagee of a property for which defendant secured coverage, summary judgment in favor of defendant was proper because plaintiff cannot show defendant caused its alleged damages; coverage, even if it had been secured, would still be barred because of a violation of the endorsement in the policy requiring working sprinkler systems.
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