City of West Liberty
v.
Employers Mutual Casualty Company
The court granted further review of a court of appeals decision that affirmed the district court’s grant of summary judgment in favor of the City of West Liberty’s insurer, Employers Mutual Casualty Company (EMC). The court of appeals found that the electrical arcing that caused physical damage to the City’s property was excluded by the express terms of the insurance policy. The City argues the court of appeals erred by failing to apply the efficient proximate cause rule and in failing to conclude that the squirrel’s actions were the efficient proximate cause of the City’s claimed loss.
Applicant
City of West Liberty
Resister
Employers Mutual Casualty Company
Attorney for the Applicant
Thomas A. Vickers, Scott A. Ruksakiati, Danial P. Kresowik, Jamie A. Bosten
Attorney for the Resister
Sean M. O'Brien and Catherine M. Lucas
Supreme Court
Oral Argument Schedule
15-15-5
Dec 11, 2018 1:30 PM