No. 21-919

Rodenburg LLP, dba Rodenburg Law Firm v. The Cincinnati Insurance Company

Lower Court: Eighth Circuit
Docketed: 2021-12-21
Status: Denied
Type: Paid
Response Waived
Tags: boilerplate-exclusion commercial-liability commercial-liability-policies illusory-coverage insurance-coverage jurisdictional-split north-dakota-law policy-interpretation property-rights split-of-authority substantive-law
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Did the court of appeals' expansive reading of a boilerplate exclusion used nationwide by insurers in their commercial liability policies, a reading which makes the policy's coverage illusory and therefore worthless, overturn North Dakota substantive law, create a split of authority among the jurisdictions which have considered the identical question and deprive petitioner of the property rights to which it would otherwise be entitled in State court?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Did the court of appeals’ expansive reading of a boilerplate exclusion used nationwide by insurers in their commercial liability policies, a reading which makes the policy's coverage illusory and therefore worthless, overturn North Dakota substantive law, create a split of authority among the jurisdictions which have considered the identical question and deprive petitioner of the property rights to which it would otherwise be entitled in State court? 2. Can the Violation of Statutes exclusion used nationwide by insurance companies when writing commercial liability policies be enlarged despite its limiting language to incorporate the violation of any statute, ordinance or regulation “which prohibits or limits material or information” in order to deny coverage for claims understood to be within the range of risks contemplated by the insured when it purchased the policy?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2021-12-31
Waiver of right of respondent The Cincinnati Insurance Company to respond filed.
2021-12-17
Petition for a writ of certiorari filed. (Response due January 20, 2022)

Attorneys

Rodenburg
Clifton G. Rodenburg — Petitioner
Clifton G. Rodenburg — Petitioner
The Cincinnati Insurance Company
Elizabeth A ProutyArthur Chapman Kettering Smetak & Pikala, P.A., Respondent
Elizabeth A ProutyArthur Chapman Kettering Smetak & Pikala, P.A., Respondent