Missouri United School Insurance Council v. Hunt
| Missouri United School Insurance Council |
| Cingen James Hunt |
| Cingen James Hunt |
| Missouri United School Insurance Council |
| 4:2013cv00653 |
| July 1, 2013 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Clay |
| Sarah W. Hays |
| Insurance |
| 28 U.S.C. ยง 2201 Declaratory Judgement (Insurance) |
| Defendant |
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Filing
16
ORDERED that Plaintiff Missouri United School Insurance Council's Motion for Summary Judgment 8 is granted in part and denied in part. Plaintiff's request of a finding that the Junior College District's purchase of insurance did not constitute a waiver of its sovereign immunity pursuant to section 537.610 is granted. To the extent that plaintiff is requesting a finding that it has no exposure under the policy issued in this case, such request is denied. The insurance purchased f rom plaintiff may provide coverage in this case if sovereign immunity has been waived pursuant to section 537.600.1(2). Such coverage is limited by the cap set forth in section 537.610.2 and the adjustments required by section 537.610.5. All other r elief requested by plaintiff MUSIC in its motion is denied. It is further ORDERED that Defendant Cingen James Hunt's Motion for Summary Judgment 10 is granted in part and denied in part. Hunt has alleged injuries caused by the dangerous condit ion of the Junior College District's property. Section 537.600.1(2) provides an exception to sovereign immunity in such a case. Thus, defendant Hunt's motion for summary judgment is granted to the extent that the Court finds that sovereign immunity can be waived by section 537.600.1(2) if Hunt proves the elements necessary for seeking a waiver under section 537.600.1(2). However, such a waiver of sovereign immunity is limited by section 537.610.2. Thus, defendant Hunt's request th at the Court find plaintiff MUSIC potentially liable for claims up to its policy limits of $2,500,000.00 is denied. All other relief requested by defendant Hunt in his motion is denied. Signed on 2/11/2014 by Magistrate Judge Sarah W. Hays. (Bliss, Sue)
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