BITCO GENERAL INS. CORP. v. SMITH

No. 23-1043.

89 F.4th 643 (2023)

BITCO GENERAL INSURANCE CORPORATION, Plaintiff-Appellee, v. Bruce SMITH; Clayton Hamlin; Chris White, d/b/a Chris White Construction, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: December 26, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Kaci R. Peterson , of Jefferson City, MO. The following attorney(s) also appeared on the appellants' brief; Donald L. O'Keefe , of Saint Louis, MO, Andrew J. Gelbach , of Warrensburg, MO, James Daniel Ribaudo , of Saint Louis, MO.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Martin John Buckley , of Saint Louis, MO. The following attorney(s) also appeared on the appellee brief; Adrian Phillip Sulser , of Saint Louis, MO.

Before COLLOTON, GRASZ, and KOBES, Circuit Judges.


The question in this appeal is whether an insurance policy issued by BITCO General Insurance Corporation ("BITCO") covers damages from an accident involving a truck driven by a contractor engaged by the insured, KAT Excavation Company ("KAT"). The district court1 concluded BITCO had no such obligation...

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