Travelers Property Casualty Company of America v. Gramlisch et al

Filing 108

MEMORANDUM AND ORDER... 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 only if such facts support a duty to defend--not if they run counter tosuch 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 laterthan 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. Plaintiff's briefing shall not exceed three pages and shall be filed no later than March 19, 2025.. Signed by District Judge Sarah E. Pitlyk on 03/11/2025. (LCR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TRAVELERS PROPERTY CASULTY
COMPANY OF AMERICA,
v.

Plaintiff,

LEVI C. GRAMLISCH, et al.,
Defendants.

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No. 4:23-cv-01440-SEP

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 only 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. Plaintiff’s briefing
shall not exceed three pages and shall be filed no later than March 19, 2025.
Dated this 11th day of March, 2025.

SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE

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