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LOUISVILLE AND JEFFERSON COUNTY v. TRAVELERS INS.

No. 84-5195.

753 F.2d 533 (1985)

LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, Plaintiff-Appellee, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1985.

Attorney(s) appearing for the Case

Henry A. Triplett (argued), Bennett, Bowman, Triplett & Vittitow, Louisville, Ky., for defendant-appellant.

John S. Reed (argued), Hartwell P. Morse III, Greenebaum, Doll & McDonald, Robert W. Keats, General Counsel, Louisville & Jefferson Co. MSD, Louisville, Ky., for plaintiff-appellee.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge; and ROSENN, Senior Circuit Judge.

LIVELY, Chief Judge.

This diversity case involves two distinct issues, one relating to insurance coverage and the other concerning the proper application of the equitable principles underlying the doctrine of unjust enrichment. The insurance question is whether property damage caused by the unlawful act of a third person having no proven animosity against the insured property owner is covered by a "vandalism and malicious mischief" provision in the owner's insurance...

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