8th Circuit Court of Appeals News

FEMA Contractors Not Liable for Misrepresentations About Flood Risk

The North Fork of the White River in southern Missouri is a nationally known fly-fishing destination, teeming with brown and rainbow trout. The stream is fed from underground springs in the Ozark Mountains, keeping its waters cool on hot summer …

Iowa Issues 2nd State Supreme Court Ruling Finding No Coverage for COVID Income Loss

The Iowa Supreme Court on Friday ruled in two separate decisions that COVID-19 did not cause a physical loss or damage that would allow a private golf club or a restaurant and bar to recoup income lost during COVID-19 shutdown …

8th Circuit: Insurer Owes for Total Loss Despite Payment for Previous Damage Claim

In March 2019, a fire damaged Craig and Katie Shaw’s house outside the hamlet of Adams in rural southern Minnesota. Two months later—before the Shaws made repairs—a second fire burned the house to the ground. Farm Bureau Property & Casualty …

Claim For Fatal Heat Stroke Barred by Missouri Ruling on Co-Employee Lawsuits

Tyler Scott Halsey worked himself to death trimming trees in 96-degree heat, his parents say. They alleged in a lawsuit against his employer, Townsend Tree Service, that his supervisor did not offer enough water or rest breaks and disabled the …

8th Circuit: Policyholder Entitled to Appraisal to Determine Cause of Damage

A Minnesota property owner has a right to an appraisal to determine the cause of a loss even if the insurer contends the damage existed before it issued its policy, a panel of the US 8th Circuit Court Appeals ruled …

8th Circuit Finds No Ambiguity in Motorcycle Exclusion

The 8th Circuit Court of Appeal ruled Monday that there is no ambiguity in the term “owned motorcycle” and affirmed a decision to deny a $3 million uninsured motorist claim. Lauren Palazzolo was killed in 2017 while driving as a …

11th Circuit Adds to Plaintiff Losing Streak for COVID Business Interruption Claims

Another federal appellate court has ruled against a policyholder who sought coverage for business interruption losses caused by coronavirus restrictions, siding with the vast majority of federal judges in ruling that SARS-CoV-2 does not cause a direct physical loss or …

Ruling May Portend Bitter End for COVID Business Interruption Claimants

A federal appellate court ruling that dismissed a dental practice’s COVID-19 business interruption claim might be the beginning of the end for policyholder arguments that income lost because of government shutdowns should be recovered through commercial property insurance policies. The …

Cloudy D&O Policy Language May Force Insurer to Pay for Defense of Investor Suit

Because of “ambiguous” policy language in a complicated insurance contract, a directors and officers insurer may be liable for more than $600,000 in legal fees paid by the founder of a business that was sued by its investors. A panel …

8th Circuit Upholds Dismissal of Insurance Executive’s Whistleblower Suit

A federal appellate court upheld the dismissal of a whistleblower lawsuit filed by an insurance executive who was fired after allegedly submitting false expense reports and encouraging employees under him to do the same. A panel of the 8th Circuit …