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ROYAL INS. CO. OF AMERICA v. KIRKSVILLE COLLEGE

No. 01-3645.

304 F.3d 804 (2002)

ROYAL INSURANCE COMPANY OF AMERICA; American Employers Insurance Co., Plaintiffs-Appellees, v. KIRKSVILLE COLLEGE OF OSTEOPATHIC MEDICINE, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 23, 2002.

Attorney(s) appearing for the Case

Thomas W. Rynard, argued, Jefferson City, MO (Richard D. Rhyne, on the brief), for appellant.

Julie J. Gibson, argued, Kansas City, MO (John J. Hayob, on the brief), for appellee.

Before BOWMAN, LOKEN, and BYE, Circuit Judges.

LOKEN, Circuit Judge.

Kirksville College of Osteopathic Medicine, Inc. ("Kirksville"), was sued by its neighbor, Lewistown Heet Gas Co. ("Lewistown"), for damages caused by a ruptured underground cistern. Kirksville's liability insurers, Royal Insurance Company of America and American Employers Insurance Company (collectively, "Royal") filed this diversity declaratory judgment action, seeking a ruling they had no duty to defend or indemnify Kirksville because of the...

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