TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Plaintiff-Appellee, v. B & W RESOURCES, INC.; Begley Properties, LLC, Defendants-Appellants.
No. 07-5094
United States Court of Appeals, Sixth Circuit.
Jan. 9, 2008.
262 Fed. Appx. 779
Before: MERRITT, ROGERS, and McKEAGUE, Circuit Judges.
ROGERS, Circuit Judge.
Defendants B & W Resources, Inc. and Begley Properties, LLC appeal the district court’s grant of summary judgment in favor of plaintiff Travelers Property Casualty Company of America. B & W purchased an all-risk insurance policy from Travelers to insure a coal tipple. Thereafter, the tipple was destroyed when it collapsed onto a moving train. Travelers denied coverage and brought suit seeking a declaratory judgment that it owes no duty to provide coverage under the relevant policy. After reviewing the record, the parties’ briefs, and the applicable law, and hearing oral argument, this court determines that no jurisprudential purpose would be served by a panel opinion and affirms the district court’s decision for the reasons stated in Judge Caldwell’s October 26, 2006 opinion and order, 2006 WL 3068810. The district court properly granted summary judgment in favor of Travelers. The judgment of the district court is therefore affirmed.