HEUBEL MATERIALS v. UNIVERSAL UNDERWRITERS

Nos. 12-1777, 12-1951.

704 F.3d 558 (2013)

HEUBEL MATERIALS HANDLING COMPANY, INC., a Missouri corporation, Plaintiff-Appellant v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, a Kansas corporation, Defendant-Appellee. Universal Underwriters Insurance Company, a Kansas corporation, Third Party Plaintiff-Appellee v. The Raymond Corporation, a New York corporation; Liberty Mutual Insurance Company, Third Party Defendant. Heubel Materials Handling Company, Inc., a Missouri corporation, Plaintiff v. Universal Underwriters Insurance Company, a Kansas corporation, Defendant. Universal Underwriters Insurance Company, a Kansas corporation, Third Party Plaintiff-Appellee Liberty Mutual Insurance Company, Third Party Defendant v. The Raymond Corporation, a New York corporation, Third Party Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2013.


Attorney(s) appearing for the Case

Patrick S. Nolan , argued, Milwaukee, WI, Todd A. Scharnhorst , Kansas City, MO, Scott K. Logan , Ryan C. Fowler , Prairie Village, KS, on the brief, for appellants.

Timothy J. Ahrenhoesterbaeumer , argued, Brian E. McGovern , James R. Walsh , on the brief, Chesterfield, MO, for appellee.

Before SMITH, BEAM, and GRUENDER, Circuit Judges.


GRUENDER, Circuit Judge.

Heubel Materials Handling Company, Inc. ("Heubel") and the Raymond Corporation ("Raymond") appeal the order of the district court1 granting summary judgment in favor of Universal Underwriters Insurance Company ("Universal") on Heubel's claim for coverage under a Universal insurance policy. The district court held that Heubel's breach of a cooperation clause in the Universal policy absolved Universal of the duty...

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