Burrell Industries, Inc. v. Liberty Mutual Fire Insurance Company

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 06a0266n.06
Filed: April 14, 2006
No. 05-3600
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
BURRELL INDUSTRIES, INC.,
Plaintiff-Appellant,
v.
LIBERTY MUTUAL FIRE
INSURANCE COMPANY,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
C O U R T F O R T H E
NORTHERN DISTRICT OF
OHIO
M E M O R A N D U M
O P I N I O N
BEFORE: NORRIS, SURHRHEINRICH, and ROGERS, Circuit Judges.
PER CURIAM. Plaintiff Burrell Industries, Inc., filed suit against defendant Liberty Mutual
Fire Insurance Company after its claim for losses stemming from a theft at an insured property were
denied. After Liberty Mutual removed the action to federal court, the district court granted summary
judgment to the insurer based upon a provision in the policy at issue excluding vacant properties
from coverage against theft.
Having had an opportunity to review the record, briefs, and arguments advanced by the
parties, we conclude that the district court correctly parsed the disputed provisions of the policy
and the relevant Ohio law governing insurance contracts. A reasoned opinion by this court would
merely mirror the analysis provided by the district court and would serve no useful purpose.

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No. 05-3600
Burrell Indus. Inc. v. Liberty Mut. Fire Ins. Co.
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The judgment is affirmed based upon the reasoning contained in the Memorandum
Opinion and Order dated March 31, 2005.

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