Legal Opinion
Western Heritage Insurance Co. v. Fun Services of Kansas City
Court of Appeals for the Eighth Circuit
Decided July 30, 2015No. 14-2587, 14-2697PublishedCited by 19 opinions
1Opinion of the Court
GRUENDER, Circuit Judge.
This is a declaratory judgment action brought by an insurer concerning its duties with respect to a “junk fax” lawsuit brought against its insured. The district court 2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We affirm.
1. Background
Asphalt Wizards, a parking-lot repair business, hired a company to fax advertisements to potential customers. From 2005 until 2008, more than 44,000 faxes were sent on Asphalt Wizards’s behalf. Fun Services of Kansas City (“Fun Services”), which received some of these faxes, filed a…
2Cases cited23 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Mark Atkinson v. City of Mountain ViewCourt of Appeals for the Eighth Circuit · 2013
- Seeck v. Geico General Insurance Co.Supreme Court of Missouri · 2007
- Burns v. SmithSupreme Court of Missouri · 2010
- Dakota Industries, Inc. v. Dakota Sportswear, Inc.Court of Appeals for the Eighth Circuit · 1993
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Glen Johnson v. Charps Welding & FabricatingCourt of Appeals for the Eighth Circuit · 2020
- McGowen, Hurst, Clark & Smith v. Commerce BankCourt of Appeals for the Eighth Circuit · 2021
- United States v. Iyaun BellCourt of Appeals for the Eighth Circuit · 2016
- Olga Despotis Trust v. Cincinnati Insurance CompanyCourt of Appeals for the Eighth Circuit · 2017
- Mid-Continent Cas. Co. v. Greater Midwest Builders, LTDDistrict Court, D. Kansas · 2018
14 more not listed; retrieve them via the Exa API.