COMPOSITE TECHNOLOGY v. UNDERWRITERS AT LLOYD'S

No. 84-1589.

762 F.2d 708 (1985)

COMPOSITE TECHNOLOGY, INC. and E. Keith Harvey, Appellees, v. UNDERWRITERS AT LLOYD'S, LONDON, Guardian Royal Exchange Assurance, LTD., La Concorde Compagnie D'Assurances S.A. (No. 1 account), La Concorde Compagnie D'Assurances S.A. (No. 2 account), Norwich "Trust" Account, Minster Insurance Company, LTD., Sphere Insurance Company, LTD. (No. 2 account), Drake Insurance Company, LTD. (No. 2 account), Compagnie D'Assurances, Maritimes, Aeriennes and Terestres, S.A., Assurances Generales De France, Gan Incendie Accidents Compagnie Francaise D'Assurances et de Reassurances, Scottish Land Insurance LTD., Andrew Weir Insurance Company, LTD., British Reserve Insurance Company, LTD., British Law Insurance Company, LTD. (No. 2 account), Lombard Insurance Company (U.K.) LTD. (No. 2 account) Road Transport and General Insurance Company, LTD. ("G" account), Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1985.


Attorney(s) appearing for the Case

Thomas C. Walsh, St. Louis, Mo., for appellants.

Larry O'Neal, Kansas City, Mo., for appellees.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.


BOWMAN, Circuit Judge.

The issue in this case is whether the word "sales" in the liability insurance policy here involved is sufficiently precise and unambiguous to allow for summary judgment based strictly on the language of the policy, without consideration of any extrinsic evidence. The District Court ruled that it was, and granted summary judgment in favor of the insured. We reverse and remand.

I.

A...

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