Legal Opinion
Federal Insurance Company v. Great American Insurance Co.
Court of Appeals for the Eighth Circuit
Decided June 28, 2018No. 16-4045PublishedCited by 53 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
This case arises from a tragic, yet avoidable, incident. At this juncture, however, there is only one dispositive legal question: Does repeatedly shooting, and encouraging others to shoot, a handgun "in the general direction" of a small lake in a residential area of Kansas City, Missouri, which results in a young child's death, qualify as "gross negligence"? We believe it does. For this reason, we vacate the judgment of the district court and remand for further consideration.
I
Whispering Lake Limited Partnership owned an apartment complex in a residential area of Kansas…
2Cases cited15 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- McCormack Baron Management Services, Inc. v. American Guarantee & Liability Insurance Co.Supreme Court of Missouri · 1999
- Andes v. AlbanoSupreme Court of Missouri · 1993
- James v. PaulSupreme Court of Missouri · 2001
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3Cited by53 opinions
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