Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Philadelphia Consolidated Holding Corp. v. LSI-Lowery Sys., Inc.

United States Court of Appeals, Eighth Circuit

January 9, 2015

Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies, Plaintiff - Appellee
v.
LSI-Lowery Systems, Inc., Defendant, Hodell-Natco Industries, Inc., Defendant - Appellant, The Integrated Business Solutions Group, Inc., Defendant; Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies, Plaintiff - Appellee
v.
LSI-Lowery Systems, Inc., Defendant - Appellant, Hodell-Natco Industries, Inc.; the Integrated Business Solutions Group, Inc., Defendants

Submitted September 8, 2014.

Page 1073

Appeal from United States District Court for the Eastern District of Missouri - St. Louis.

For Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies, Plaintiff - Appellee (13-3381): Steven Howard Schwartz, Teresa Michelle Young, BROWN & JAMES, Saint Louis, MO.

For Hodell-Natco Industries, Inc., Defendant - Appellant (13-3381): Timothy John Fitzgerald, James Koehler, Phillip Wesley Lambert, KOEHLER & NEAL, Cleveland, OH; Kara D. Helmuth, Joseph R. Soraghan, DANNA MCKITRICK, P.C., Saint Louis, MO.

For Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies, Plaintiff - Appellee (13-3397): Steven Howard Schwartz, Teresa Michelle Young, BROWN & JAMES, Saint Louis, MO. For LSI-Lowery Systems, Inc., Defendant - Appellant (13-3397): Timothy William Callahan, KILO & FLYNN, Saint Louis, MO; Timothy K. Kellett, HORAS & RADICE, Saint Louis, MO.

Before RILEY, Chief Judge, SMITH and KELLY, Circuit Judges.

OPINION

Page 1074

KELLY, Circuit Judge.

LSi-Lowery Systems, Inc. (LSi), and Hodell-Natco Industries, Inc. (Hodell), appeal the district court's[1] grant of summary judgment in a declaratory action filed by Philadelphia Consolidated Holding Corporation, d/b/a Philadelphia Insurance Companies (PIC). PIC filed the action in the Eastern District of Missouri to determine whether PIC was required to defend and indemnify its insured, LSi, with respect to a lawsuit filed by Hodell in the Northern District of Ohio. The district court found LSi did not have coverage under either of its policies[2] with PIC because it did not provide notice of Hodell's claims or potential claims to PIC as required under the policy. Hodell and LSi appeal.[3] Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I. Background

LSi is a firm that provides computer and technology consulting services. In December 2004, LSi sold business software[4] to Hodell. LSi also agreed to develop an add-on program for the software. As part of its implementation services, LSi evaluated Hodell's hardware and software requirements and performed testing. The software went live on March 1, 2007, and Hodell immediately began experiencing performance problems.

Most of the undisputed facts are documented in emails between Hodell and LSi. On March 13, 2007, Kevin Reidl of Hodell emailed Dan Lowery of LSi, complaining the system was unstable and slow, affecting Hodell's " bottom line each day at very real levels." He demanded " an around-the-clock effort by ALL parties involved to get our company back off of its knees." In a March 14, 2007, email, LSi acknowledged that, " if we do not get Hodell happy, we can expect a legal issue." On March 20, 2007, Hodell emailed LSi, " If we don't see immediate results on the system performance . . . I will recommend . . . that we start the process of taking legal action."

On April 11, 2007, LSi emailed the business-software ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.