Legal Opinion

Emcasco Insurance Company v. Edith Diedrich, Wayne Diedrich, John Diedrich, R.S. And R.S. As Guardian Ad Litem for M.S.

Court of Appeals for the Eighth Circuit

Decided January 19, 2005No. 03-2722PublishedCited by 7 opinions

1Opinion of the Court

DORR, District Judge.

Appellants appeal from the decision of the district court 2 granting summary judgment in favor of EMCASCO and denying summary judgment for appellants on their cross-motions for summary judgment. For the reasons stated below, we affirm the district court.

I. Background

A. Factual Background

Edith and Wayne Diedrich (“the Died-richs”) live in South Dakota, and, at all times relevant, Edith operated a day care business out of her home. Plaintiff-Appel-lee EMCASCO Insurance Company (“EM-CASCO”) issued a homeowner’s insurance policy to the Diedrichs (“Homeowner’s Policy”) that…

2Cases cited17 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. City of Fort Pierre v. United Fire & Casualty Co.South Dakota Supreme Court · 1990
  3. Hawkeye-Security Insurance Co. v. Clifford Ex Rel. CliffordSouth Dakota Supreme Court · 1985
  4. Northern Security Insurance v. PerronSupreme Court of Vermont · 2001
  5. Great Central Insurance Co. v. RoemmichSouth Dakota Supreme Court · 1980

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3Cited by7 opinions

  1. Michelle Postell v. American Family Mutual Insurance Co.Supreme Court of Iowa · 2012
  2. Minkler v. Safeco Insurance Co. of AmericaCalifornia Supreme Court · 2010
  3. BP America, Inc. v. State Auto Property & Casualty Insurance Co.Supreme Court of Oklahoma · 2005
  4. American National Property and Casualty v. Tara and James ClendenenWest Virginia Supreme Court · 2016
  5. Allstate Insurance v. BergeDistrict Court, D. North Dakota · 2007

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