5 S.W.3d 544 | Mo. Ct. App. | 1999
Plaintiffs Henges Manufacturing, LLC, Kevin O’Meara, Ken Vortherms and Mark Ossness (Henges) appeal summary judgment in favor of Amerisure Insurance Company (Amerisure) on its petition for declaratory judgment.
Matters of interpretation and application of an insurance contract are matters of law. McDonnell v. Economy Fire & Casualty Co., 936 S.W.2d 598, 599 (Mo.App. E.D.1996). A court must give meaning to all terms and, where possible, harmonize those terms in order to accomplish the intention of the parties. Am. Family Mut. Ins. Co. v. Moore, 912 S.W.2d 531, 533 (Mo.App. W.D.1995). Insurance contracts are designed to furnish protection, therefore, courts will interpret in favor of coverage rather than against it. Pakmark Corp. v. Liberty Mut. Ins. Co., 943 S.W.2d 256, 258 (Mo.App.E.D.1997).
Second, Henges’ reliance on Sentex Sys., Inc. v. Hartford Accident & Indem. Co., 93 F.3d 578 (9th Cir.1996)
We do not reach the exclusion of coverage issues. We find there are no genuine issues of material fact in dispute. The facts support summary judgment declaring that the policy issued by Amerisure to Henges does not, as a matter of law, provide coverage for the defense or indemnity of Prest’s lawsuit.
. Plaintiffs/Appellants Ken Vortherms and Mark Ossness are sometimes referred to as Ken Votherms and Mark Osness. We adopt the former spellings of both, as set forth by the notice of appeal.
. The district court opinion in the Sentex Sys. case is reported at 882 F.Supp. 930 (C.D.Cal.1995). We use the facts from the district court opinion, as they are not set forth in the appellate opinion.