Grinnell Mutual Reinsurance Company v. Fisher

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Grinnell Mutual Reinsurance Company v. Fisher

Case Number
Court Number
Call Date
December 13, 2017
Case Time
1:00 PM
Case Summary

A-16-1047, Grinnell Mutual Reinsurance Co. v. Robert D. Fisher (appellant)

Richardson County, District Judge Daniel E. Bryan, Jr.

Attorneys for Appellant: Douglas E. Merz and Zachary L. Blackman (Weaver & Merz Law Office)

Attorney for Appellee: Marvin O. Kieckhafer (Smith Peterson Law Firm, LLP)

Civil Action: Declaratory Judgment

Action Taken by Trial Court: The district court granted summary judgment on the insurance company’s complaint for a declaratory judgment determining its rights and liabilities under a commercial general liability policy held by Fisher.  The district court found there was no “occurrence” to trigger coverage under the policy, and the policy excluded the damages at issue in the underlying case. The court denied Fisher’s motion for summary judgment in which he claimed the district court did not have jurisdiction to hear the declaratory judgment action.

Assignments of Error on Appeal: Fisher assigns, restated, that the district court erred by: (1) denying his motion for summary judgment; (2) granting the insurance company’s motion for summary judgment; and (3) allowing the submission of depositions from another case.

Case Location
Schedule Code
Panel Text
Moore, Chief Judge, Inbody, and Bishop, Judges