STATE AUTO PROPERTY & CAS. INS. v. BOARDWALK APTS.

No. 08-2167.

572 F.3d 511 (2009)

STATE AUTO PROPERTY & CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. BOARDWALK APARTMENTS, L.C., Defendant-Appellant. Boardwalk Apartments, L.C., Third Party Plaintiff-Appellant, v. T.S.A., Inc., doing business as The Sloan Agency, Third Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 14, 2009.


Attorney(s) appearing for the Case

Michael Thompson, argued, Lori Jane Sellers, Kansas City, MO, on the brief, for appellant.

Robert W. Cockerham, argued, St. Louis, MO, for State Auto Property & Cas. Ins. Co.

Stanley Michael Thomas, argued, Kansas City, MO, for T.S.A., Inc.

Before MELLOY, BENTON, and DOTY. Circuit Judges.


BENTON, Circuit Judge.

State Auto Property and Casualty Insurance Company sued for a declaratory judgment that it had met its obligations under a fire policy issued to Boardwalk Apartments. Boardwalk counterclaimed for indemnity proceeds. Boardwalk also sued The Sloan Agency (Sloan), the independent insurance agency that secured the policy for Boardwalk.

The district court granted summary judgment to Sloan, ruling it did not have an expanded agency relationship...

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