Legal Opinion

Elmer Rogers, D/B/A Elmer's Plaza Bowl v. American Insurance Co., and National Fire Insurance Co. Of Hartford

Court of Appeals for the Eighth Circuit

Decided November 16, 1964No. 17696_1PublishedCited by 26 opinions

1Opinion of the Court

VAN OOSTERHOUT, Circuit Judge.

This is an action brought by plaintiff Rogers on two $25,000 business interruption policies, one issued by each of the defendant insurance companies. The material provisions of both policies are identical. It is conceded that the policies are in force, that they covered plaintiff’s bowling establishment which was de stroyed by fire on July 14, 1962, and that each insurer is liable for one-half of the business interruption loss covered by their policy. The controversy is with respect to the scope of the coverage provided by the policies.

Plaintiff’s landlord,…

2Cases cited4 opinions

  1. Randolph v. Fireman's Fund Insurance CompanySupreme Court of Iowa · 1963
  2. Iowa National Mutual Insurance v. Fidelity & Casualty Co. of New YorkSupreme Court of Iowa · 1964
  3. Walter R. Roth v. The Western Assurance Company, Inc.Court of Appeals for the Eighth Circuit · 1962
  4. Gerald C. O'Neil v. Glens Falls Indemnity CompanyCourt of Appeals for the Eighth Circuit · 1962

3Cited by26 opinions

  1. Home Instead, Inc. v. David FloranceCourt of Appeals for the Eighth Circuit · 2013
  2. Hampton Foods, Inc. v. The Aetna Casualty and Surety Company, Hampton Foods, Inc. v. The Aetna Casualty and Surety CompanyCourt of Appeals for the Eighth Circuit · 1986
  3. Associated Photographers, Inc. v. Aetna Casualty & Surety Company, an Insurance CorporationCourt of Appeals for the Eighth Circuit · 1982
  4. Eastern Associated Coal Corp. v. Aetna Casualty & Surety Co.Court of Appeals for the Third Circuit · 1980
  5. W. A. McClung v. W. C. Thompson, W. C. Thompson v. W. A. McClungCourt of Appeals for the Eighth Circuit · 1968

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