Navigators Insurance Company Missouri Cases

Navigators Insurance Company appealed the circuit court's grant of summary judgment to American Home Assurance Company and Arch Insurance Company regarding their duty to defend a shared insured, KAMO Electric Cooperative. KAMO faced a federal class action alleging trespass and unjust enrichment for using fiber-optic cables on landowners' easements for commercial telecommunications beyond the scope of the easements. The appellate court affirmed the summary judgment, holding that the underlying claims did not allege "property damage" under Coverage A because easements are intangible, nor "personal and advertising injury" under Coverage B because KAMO was not an "owner, landlord, or lessor" of the premises.