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TORO CO. v. COLUMBIA CAS. CO.

No. 97-2130.

137 F.3d 615 (1998)

The TORO COMPANY; Lawn-Boy, Inc., Plaintiffs-Appellants, v. COLUMBIA CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1998.

Attorney(s) appearing for the Case

Martin Burke, Minneapolis, MN, argued (Scott W. Johnson and Jason D. Topp, on the brief), for Plaintiffs-Appellants.

Thomas H. Crouch, Minneapolis, MN, argued, for Defendant-Appellee.

Before McMILLIAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The Toro Company appeals from the district court's1 entry of summary judgment against it on its breach of contract claim against its insurer, Columbia Casualty Company, for settling a claim against Toro without Toro's permission. The district court held that the insurance policy specifically authorized Columbia to settle the claim and that there was no evidence that the parties had orally agreed to modify...

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