Oakley Fertilizer, Inc. v. Continental Insurance Co.

PATRICIA L. COHEN, Judge.

Introduction

Oakley Fertilizer, Inc. (“Seller”) appeals from the judgment of the Circuit Court of St. Louis County granting summary judgment in favor of Continental Insurance Company. Seller argues that genuine issues of material fact existed which precluded the grant of summary judgment in favor of Continental. Continental maintains that it is entitled to summary judgment on the grounds set forth by the trial court and presents three alternative theories in support of its motion for summary judgment. We reverse and remand.

Background

In mid-2005, Continental issued an…