Legal Opinion

Auto-Owners Insurance Company v. Excelsior Westbrook III, LLC

District Court, D. Kansas

Decided July 29, 2024No. 2:22-cv-02360Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AUTO-OWNERS INSURANCE COMPANY, Plaintiff, v. EXCELSIOR WESTBROOK III, LLC, Defendant. Case No. 2:22-cv-02360-HLT EXCELSIOR WESTBROOK III, LLC, Counter Plaintiff, v. AUTO-OWNERS INSURANCE COMPANY, Counter Defendant. MEMORANDUM AND ORDER Excelsior Westbrook III, LLC (“Owner”) owns a building that was significantly damaged by water after a pipe under the building broke. The building was covered by an insurance policy issued by Auto-Owners Insurance Company (“Insurer”). Insurer denied coverage for the loss because the policy excluded…

2Cases cited16 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Ronald E. Henderson v. Inter-Chem Coal Co., Inc. Nationwide Mining, Inc., a Kansas Corporation and Brent NationsCourt of Appeals for the Tenth Circuit · 1994
  4. United States v. Supreme Court of New MexicoCourt of Appeals for the Tenth Circuit · 2016
  5. Champion International Corporation v. Continental Casualty CompanyCourt of Appeals for the Second Circuit · 1976

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