Travelers Property Casualty Company of America v. B & Wresources, Inc.; Begley Properties, LLC

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0037n.06
Filed: January 9, 2008
No. 07-5094
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,
Plaintiff-Appellee,
v.
B & W RESOURCES, INC.; BEGLEY
PROPERTIES, LLC,
Defendants-Appellants.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF KENTUCKY
Before: MERRITT, ROGERS, and McKEAGUE, Circuit Judges.
ROGERS, Circuit Judge. Defendants B & W Resources, Inc. and Begley Properties, LLC
appeal the district court’s grant of summary judgment in favor of plaintiff Travelers Property
Casualty Company of America. B&W purchased an all-risk insurance policy from Travelers to
insure a coal tipple. Thereafter, the tipple was destroyed when it collapsed onto a moving train.
Travelers denied coverage and brought suit seeking a declaratory judgment that it owes no duty to
provide coverage under the relevant policy. After reviewing the record, the parties’ briefs, and the
applicable law, and hearing oral argument, this court determines that no jurisprudential purpose
would be served by a panel opinion and affirms the district court’s decision for the reasons stated
in Judge Caldwell’s October 26, 2006 opinion and order. The district court properly granted

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No. 07-5094
Travelers Prop. Cas. Co. of Am. v. B&W Res., Inc.
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summary judgment in favor of Travelers. The judgment of the district court is therefore affirmed.

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