Grinnell Mutual Reinsurance Co v. Terry Reynolds , 626 F. App'x 660 ( 2015 )


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  •                 United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 14-3530
    ___________________________
    Grinnell Mutual Reinsurance Company
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    David Rambo
    lllllllllllllllllllll Defendant
    Terry Reynolds
    lllllllllllllllllllll Defendant - Appellant
    Rodger Smith; Carla Smith; Ellie Slater; Jean Shown; Faye Shown; Roger Brown;
    Claudine Brown
    lllllllllllllllllllll Defendants
    ___________________________
    No. 14-3596
    ___________________________
    Grinnell Mutual Reinsurance Company
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    David Rambo; Terry Reynolds
    lllllllllllllllllllll Defendants
    Rodger Smith; Carla Smith; Ellie Slater; Jean Shown; Faye Shown; Roger Brown;
    Claudine Brown
    lllllllllllllllllllll Defendants - Appellants
    ____________
    Appeals from United States District Court
    for the Western District of Missouri - Jefferson City
    ____________
    Submitted: December 16, 2015
    Filed: December 29, 2015
    [Unpublished]
    ____________
    Before MURPHY, BENTON, and KELLY, Circuit Judges.
    ____________
    PER CURIAM.
    Grinnell Mutual Reinsurance Company is the reinsurer for insurance policies
    held by Terry Reynolds and David Rambo. In this action it seeks a declaratory
    judgment that there was no coverage for claims brought against Reynolds and Rambo
    by Rodger Smith and six other homeowners in a Missouri state court action. A
    magistrate judge1 granted summary judgment for Grinnell, and Smith and Reynolds
    appeal. We affirm.
    In the underlying lawsuit, the Smith plaintiffs alleged that Rambo and Reynolds
    were liable for nuisance and other harms caused by the operation of their swine and
    1
    The Honorable Matt J. Whitworth, United States Magistrate Judge for the
    Western District of Missouri, to whom the case was referred for final disposition by
    consent of the parties pursuant to 28 U.S.C. § 636(c).
    -2-
    poultry farms. The magistrate judge concluded that the pollution liability exclusion
    in Rambo’s policy, as well as the business activities and custom feeding exclusions
    in Reynolds’s policy, were unambiguous and precluded coverage for the claims
    against them.
    We conclude upon de novo review that the magistrate judge did not err in
    granting summary judgment. See United Fire & Cas. Co. v. Titan Contractors Serv.,
    Inc., 
    751 F.3d 880
    , 883 (8th Cir. 2014) (summary judgment standard); 
    id. at 883–84
    (standard for interpretation of an insurance policy under Missouri law). Accordingly,
    we affirm. See 8th Cir. R. 47B.
    ______________________________
    -3-
    

Document Info

Docket Number: 14-3530, 14-3596

Citation Numbers: 626 F. App'x 660

Judges: Murphy, Benton, Kelly

Filed Date: 12/29/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024