Travelers Property Casualty Company of America v. Gramlisch

• Court: District Court, E.D. Missouri
• Decided: March 11, 2025
• Docket: 4:23-cv-01440
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TRAVELERS PROPERTY CASULTY ) COMPANY OF AMERICA, ) Plaintiff, Vv. ) No. 4:23-cv-01440-SEP LEVI C. GRAMLISCH, et al., Defendants. MEMORANDUM AND ORDER Before the Court is Defendants B.N., D.K., J.P.K., and James P. Kinsey, Sr.’s Joint Motion for Judgment on the Pleadings, Doc. [68]. On March 10, 2025, the Court held a Zoom hearing to discuss several issues raised in the parties’ briefing. Upon consideration of the parties’ arguments, the Court finds that additional briefing is necessary. Accordingly, IT IS HEREBY ORDERED that Defendants shall provide case law and analysis supporting their position that actual facts known to the insurer are relevant on a motion for judgment on the pleadings on/y if such facts support a duty to defend—not if they run counter to such a duty. Defendants are encouraged to address at least Travelers Ins. Co. v. Cole, 631 S.W.2d 661 (Mo. Ct. App. 1982), and Allen v. Continental Western Ins. Co., 436 S.W.3d 548 (Mo. 2014). Defendants’ briefing shall not exceed three pages and shall be filed no later than March 19, 2025. IT IS FURTHER ORDERED that Plaintiff shall provide the Court with any cases, other than Travelers Ins. Co. v. Cole, 631 S.W.2d 661 (Mo. Ct. App. 1982), in which an insurer was found to have no duty to defend based on actual facts known to the insurer. Plaintiffs briefing shall not exceed three pages and shall be filed no later than March 19, 2025. Dated this 11th day of March, 2025. £ anh? Trak E | SARAH E. PITLYK “ ~ UNITED STATES DISTRICT JUDGE