Brady Berry, Personal Representative of the Estate of Ronald Dean Berry v. St. Paul Fire & Marine Insurance Company

RICHARD S. ARNOLD, Chief Judge.

The question is whether a certain claim, arising out of the death of Ronald Berry of silicosis, is covered by an insurance policy issued by St. Paul Fire & Marine Insurance Company. Berry, who has since died, was awarded a $4,500,000 judgment in a Missouri state court against Empire Abrasive Equipment Corporation, which manufactured a sand-blaster that Berry had used. His personal representative, Brady Berry, is now attempting to enforce the judgment against St. Paul, one of Empire’s insurers.

The St. Paul policy is a “claims-made” policy. It covers only claims…