Payless Shoesource, Inc. v. Travelers Companies, Inc.

GORSUCH, Circuit Judge.

This is a dispute over the meaning of a misplaced modifier. Travelers doesn’t disagree that a critical modifying clause in the insurance policy it issued may be misplaced as a matter of good grammar. It argues, though, that the meaning of the document remains clear and clearly excludes coverage for Payless’s claim. Pay-less replies that the (mis)placement of the modifying clause precludes Travelers’ in terpretation, or at least renders the insurance policy’s meaning ambiguous. At summary judgment, the district court rejected Payless’s arguments and entered judgment for…