Jaco Airfield Construction, Inc v. United States District Court for the Western District of Tennessee NATIONAL TRUST…

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0077n.06
Filed: January 24, 2008
No. 07-5241
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JACO AIRFIELD CONSTRUCTION, INC.
Plaintiff-Appellant,
On Appeal from the
v. United States District Court for
the Western District of Tennessee
NATIONAL TRUST INSURANCE COMPANY
Defendant-Appellee.
______________________________
Before: KENNEDY, MARTIN, COLE, Circuit Judges.
PER CURIAM. JACO Airfield Construction, Inc. appeals the district court’s January 29,
2007 decision denying its motion for summary judgment and granting National Trust Insurance
Company’s motion for summary judgment on the issue of whether National Trust had a duty to
defend and indemnify JACO in a suit regarding JACO’s work at the Memphis Shelby County
Airport.
The district court's opinion carefully analyzed the allegations of the airport’s complaint
against JACO and concluded that those allegations arise from a scenario not covered by JACO’s
insurance policy from National Trust. We have carefully read the airport’s complaint, JACO’s
insurance policy, the applicable law, as well as the parties’ briefs, and we agree that the coverage
JACO purchased does not include the liability it is now facing. We therefore AFFIRM the District
Court's grant of summary judgment for the reasons stated in the District Court's opinion.

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