OTT LAW

Robert W. Cockerham, et al., Appellants, vs. American Family Mutual Insurance Company, Respondent, and Nicholas Howard Schalk, Schalk Construction, LLC, Robert Berthold and R.J. Berthold Engineering Co., d/b/a RJ Engineering and d/b/a Berthold Engineering, Co., Defendants.

Decision date: September 25, 2018ED106353

Parties & Roles

Appellant
Robert W. Cockerham, et al.
Respondent
American Family Mutual Insurance Company·American Family Mutual Insurance Company, Respondent, and Nicholas Howard Schalk, Schalk Construction, LLC, Robert Berthold and R.J. Berthold Engineering Co., d/b/a RJ Engineering and d/b/a Berthold Engineering, Co.

Judges

Trial Court Judge
Michael D

Disposition

Undetermined

Procedural posture: Appeal from cross-motions for summary judgment

Slip Opinion Notice

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Syllabus

ROBERT W. COCKERHAM, et al., ) No. ED106353 ) Appellants, ) Appeal from the Circuit Court of ) St. Louis County vs. ) 15SL-CC02435 ) AMERICAN FAMILY MUTUAL ) INSURANCE COMPANY, ) Honorable Michael D. Burton ) Respondent, ) Filed: September 25, 2018 ) NICHOLAS HOWARD SCHALK, ) SCHALK CONSTRUCTION, LLC, ) ROBERT BERTHOLD, and R.J. ) BERTHOLD ENGINEERING CO., d/b/a ) RJ ENGINEERING and d/b/a ) BERTHOLD ENGINEERING, CO., ) ) Defendants.

OPINION

Homeowners Robert W. Cockerham and Stacia A. Cockerham and their homeowner's insurance provider American Family Mutual Insurance Company filed cross-motions for summary judgment arising out of a dispute regarding coverage under Homeowners' insurance policy for losses that occurred in connection with the construction of an addition to their residence which Homeowners intended to use as a celestial observatory. Specifically, Homeowners sought coverage for the damage that occurred to a newly-installed telescope support system, to the foundation of their home, and for their loss of use of the observatory.

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