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Case No. 16-1972

City of West Liberty
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.

Trial Court Case No.:


City of West Liberty


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


Dec 11, 2018 1:30 PM

Supreme Court Opinion

Opinion Number:
Date Published:
Feb 01, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 07, 2018

Other Information

Date Further Review is Granted:
Jul 19, 2018

View archived opinions from prior to November 2017

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