Tnt Speed & Sport Center, Inc., D/B/A Tnt Golf Cars & Utility Systems v. American States Insurance Company

TUNHEIM, District Judge.

Appellant TNT Speed & Sport Center, Inc. (“TNT”) sold golf carts and operated a go-cart track in West Quincy, Missouri. On July 16, 1993, a vandal removed sandbags and dirt from a levee protecting West Quincy from the rising waters of the Mississippi River. The levee subsequently broke and river water flooded the West Quincy area. The water flooded TNT’s property and destroyed TNT’s buildings and personal property. TNT brought a declaratory judgment action against its insurer, American States Insurance Company (“American States”). On cross-motions for summary judgment,…