Legal Opinion

Sherwood Medical Co. v. B.P.S. Guard Services, Inc.

Missouri Court of Appeals

Decided June 7, 1994No. 65080PublishedCited by 13 opinions

1Opinion of the Court

SMITH, Judge.

Sherwood Medical Company appeals from a summary judgment in favor of B.P.S. Guard Services (Burns) and an employee of Burns, Frank Hill. We affirm.

The action was brought by Sherwood as a subrogation action pursuant to a Builder’s Risk policy issued to Sherwood and under which a loss for water damage had been paid. Sherwood had engaged Fru-Con Construction Company (Fru-Con) as its contractor to build its new corporate headquarters in St. Louis. A Design Build Agreement (Agreement) was entered into between Sherwood and Fru-Con for the construction. That agreement provides:

12.3.1…

2Cases cited9 opinions

  1. Transamerica Insurance Company, a Corporation v. Gage Plumbing and Heating Co., Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1970
  2. Missouri Commercial Investment Co. v. Employers Mutual Casualty Co.Missouri Court of Appeals · 1984
  3. Kino v. Phoenix InsuranceSupreme Court of Missouri · 1906
  4. Paul Tishman Co. v. Carney & Del Guidice, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
  5. Paul Tishman Co., Inc. v. Carney & Del Guidice, Inc.New York Court of Appeals · 1974

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Jos. A. Bank Clothiers, Inc. v. BrodskyMissouri Court of Appeals · 1997
  2. Benton House, LLC. v. Cook & Younts Insurance, Inc.Missouri Court of Appeals · 2008
  3. American National Fire Insurance Co. v. HughesNorth Dakota Supreme Court · 2003
  4. Reliance Insurance Company in Liquidation v. Stephen Chitwood Continental Western Insurance CompanyCourt of Appeals for the Eighth Circuit · 2006
  5. Selective Way Ins. v. Nat'l Fire Ins.District Court, D. Maryland · 2013

8 more not listed; retrieve them via the Exa API.

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