Legal Opinion

Kirk Dupps Cynthia Dupps v. The Travelers Insurance Company

Court of Appeals for the Eighth Circuit

Decided April 5, 1996No. 95-3464PublishedCited by 19 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

Kirk and Cynthia Dupps appeal the district court’s 1 grant of summary judgment to the Travelers Insurance Company (Travelers) 2 in this diversity action, arguing that terms in their insurance policy are ambiguous. We affirm.

The Duppses contracted with Travelers for an insurance policy for real property in Eureka Springs, Arkansas. The policy contained the following exclusion to coverage:

We will not pay for loss or damage caused directly or indirectly by ... [a]ny earth movement (other than sinkhole collapse), such as an earthquake, landslide, mine subsidence, earth…

2Cases cited4 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Kevin Tindle v. Lou Caudell, Individually and in His Capacity as Chief of Police for the City of Little Rock City of Little Rock, ArkansasCourt of Appeals for the Eighth Circuit · 1995
  3. CNA Insurance v. McGinnisSupreme Court of Arkansas · 1984
  4. Ann Langley, as Mother and Next Friend of Tamara Langley, a Minor v. Allstate Insurance CompanyCourt of Appeals for the Eighth Circuit · 1993

3Cited by19 opinions

  1. Lachonne Bell v. Allstate Life Insurance Company Sears Roebuck & CompanyCourt of Appeals for the Eighth Circuit · 1998
  2. Murray v. State Farm Fire & Casualty Co.West Virginia Supreme Court · 1998
  3. Tnt Speed & Sport Center, Inc., D/B/A Tnt Golf Cars & Utility Systems v. American States Insurance CompanyCourt of Appeals for the Eighth Circuit · 1997
  4. Allstate Insurance Company v. Mark Burrough, Garnette Bell, Individually and as Next Friend of Kenyatta WilliamsCourt of Appeals for the Eighth Circuit · 1997
  5. Columbia Insurance Company v. BakerCourt of Appeals for the Eighth Circuit · 1997

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