Capitol Indem. Corp., a Corp. v. 1405 Assocs., Inc., Doing Bus. as Ford Apts. Ranbir Bajwa, Individually, 340 F.3d 547 (8th Cir. 2003). · Go Syfert
Capitol Indem. Corp., a Corp. v. 1405 Assocs., Inc., Doing Bus. as Ford Apts. Ranbir Bajwa, Individually, 340 F.3d 547 (8th Cir. 2003). Cases Citing This Book View Copy Cite
58 citation events (58 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
cited Cited as authority (rule) Auto-Owners Insurance Company v. Halo Foundation: Helping Art Liberate Orphans
8th Cir. · 2026 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 550 (8th Cir. 2003).
cited Cited as authority (rule) American Family Mutual Insurance Company, S.I. v. K
E.D. Mo. · 2023 · confidence medium
Corp. v. 1405 Associates, Inc., 340 F.3d 547, 549 (8th Cir. 2003).
cited Cited as authority (rule) Herbst v. The Standard Fire Insurance Company
E.D. Mo. · 2023 · confidence medium
Corp. v. 1405 Associates, Inc., 340 F.3d 547, 549 (8th Cir. 2003) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Axis Surplus Insurance Company v. TriStar Companies, LLC
E.D. Mo. · 2023 · confidence medium
Corp. v. 1405 Assocs., Inc, 340 F.3d 547, 550 (8th Cir. 2003) (explaining that “arising out of” under Missouri insurance law means “originating from,” “having its origin in,” “growing out of” or “flowing from.”) (citation omitted).
cited Cited as authority (rule) Wilson v. Empire Fire and Marine Insurance Company
E.D. Mo. · 2021 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 549 (8th Cir. 2003).
cited Cited as authority (rule) Fluor Corporation v. Zurich American Insurance Company
E.D. Mo. · 2021 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 550 (8th Cir. 2003) (citing Colony Ins.
cited Cited as authority (rule) Dustin Brazil v. Auto-Owners Insurance Company
8th Cir. · 2021 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 549 (8th Cir. 2003).
discussed Cited as authority (rule) Cooper v. Westfield Insurance Company
S.D.W. Va · 2020 · confidence medium
Corp. v. 1405 Assoc., Inc., 340 F.3d 547, 550 (8th Cir. 2003) (holding that the term “arising out of” must be broadly construed thereby requiring a broad construction of the ERP exclusion to bar coverage for any claim arising out of the employment relationship).
cited Cited as authority (rule) Safeco Insurance Company of Illinois v. Palazzolo
E.D. Mo. · 2020 · confidence medium
Corp. v. 1405 Associates, Inc., 340 F.3d 547, 547 (8th Cir. 2003).
cited Cited as authority (rule) Anheuser Busch Employee Credit Union v. Travelers Property Casualty Company of America
E.D. Mo. · 2020 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 547 (8th Cir. 2003).
cited Cited as authority (rule) Rhives v. Progressive Advanced Insurance Company
E.D. Mo. · 2019 · confidence medium
Corp. v. 1405 Associates, Inc., 340 F.3d 547, 547 (8th Cir. 2003).
cited Cited as authority (rule) Great Am. Alliance Ins. Co. v. Windermere Baptist Conference Ctr., Inc.
8th Cir. · 2019 · confidence medium
Corp. , 340 F.3d at 550 (citation omitted).
cited Cited as authority (rule) Progressive Casualty Insurance v. Morton
E.D. Mo. · 2015 · confidence medium
Corp. v. 1405 Associates, Inc., 340 F.3d 547, 547 (8th Cir.2003).
cited Cited as authority (rule) Hullverson Law Firm, P.C. v. Liberty Insurance Underwriters, Inc.
E.D. Mo. · 2014 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 547 (8th Cir.2003).
discussed Cited as authority (rule) United Fire & Casualty Company v. Titan Contractors Service, Inc (2×)
8th Cir. · 2014 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 550 (8th Cir. 2003) (citing Standard Artificial Limb, Inc. v. Allianz Ins.
discussed Cited as authority (rule) Norfolk Southern Railway Co. v. National Union Fire Insurance
S.D.W. Va · 2014 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 550 (8th Cir.2003) (“[UJnder Missouri insurance law, ‘arising out of has been interpreted to be a very broad, general and comprehensive phrase meaning ‘originating from’ or ‘having its origins in’ or ‘growing out of or ‘flowing from.’ ”); Am.
cited Cited as authority (rule) Mazurkiewicz v. Country Mutual Ins.
E.D. Mo. · 2013 · confidence medium
Corp. v. 1405 Associates, Inc., 340 F.3d 547, 547 (8th Cir.2003).
cited Cited as authority (rule) Spirtas Co. v. Nautilus Insurance
E.D. Mo. · 2012 · confidence medium
Corp. v. 1405 As socs., Inc., 340 F.3d 547, 550 (8th Cir.2003) (applying Missouri law).
discussed Cited as authority (rule) Lexington Insurance v. Integrity Land Title Co.
E.D. Mo. · 2012 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 549 (8th Cir.2003), and holds that an insurance policy is a contract governed by the rules of contract construction, see Leonards v. Southern Farm Bureau Cas.
discussed Cited as authority (rule) ERIE INS. PROPERTY & CAS. CO., INC. v. Edmond
N.D.W. Va. · 2011 · confidence medium
App.2d 853 , 146 P.3d 1088, 1095 (2006) (holding under Kansas law that an ERP exclusion precluded coverage for invasion of privacy, false imprisonment and defamation); Capitol Indemnity Corporation v. 1405 Associates, Inc., 340 F.3d 547, 550 (8th Cir.2003) (holding under Missouri law that an ERP exclusion precluded coverage for false arrest, false imprisonment and slander); Cornett Management Company, LLC v. Fireman's Fund Insurance Company, 332 Fed.Appx. 146, 149 (4th Cir.2009) (unpublished) (holding under West Virginia law that an ERP exclusion precluded coverage for false imprisonment when …
cited Cited as authority (rule) Northeast Controls, Inc. v. Fisher Controls International LLC
3rd Cir. · 2010 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 550 (8th Cir.2003).
discussed Cited as authority (rule) Cornett Management Co. v. Fireman's Fund Insurance
4th Cir. · 2009 · confidence medium
Corp. v. 1405 Assoc., Inc., 340 F.3d 547, 550 (8th Cir.2003) (holding that under Missouri law, the term “arising out of’ must be broadly construed thereby requiring the court to apply a broad construction to the ERP exclusion).
discussed Cited as authority (rule) Spirtas Company v. Federal Insurance Company (2×)
8th Cir. · 2008 · confidence medium
Corp. v. 1405 Assocs., Inc. 340 F.3d 547, 550 (8th Cir. 2003) (applying Missouri law and interpreting the synonymous phrase "arising out of") & Callas Enters., Inc. v. Travelers Indem.
discussed Cited as authority (rule) Spirtas Co. v. Federal Insurance (2×)
8th Cir. · 2008 · confidence medium
Corp. v. 1105 Assocs., Inc. 340 F.3d 547, 550 (8th Cir. 2003) (applying Missouri law and interpreting the synonymous phrase “arising out of’) & Callas Enters., Inc. v. Travelers Indem.
cited Cited as authority (rule) Spirtas Co. v. Federal Ins. Co.
E.D. Mo. · 2007 · confidence medium
Corp. v. 1405 Assocs., Inc., 340 F.3d 547, 550 (8th Cir.2003) (same); Charles Beseler Co. v. O'Gorman & Young, Inc., 188 N.J. 542 , 911 A.2d 47, 49 (2006) (per curiam).
discussed Cited as authority (rule) Talen v. Employers Mutual Casualty Co.
Iowa · 2005 · confidence medium
Another case in which an identical employment-related-practices exclusion was held to exclude coverage for posttermination defamation is Capitol Indemnity Corp. v. 1405 Associates, Inc., 340 F.3d 547, 550 (8th Cir.2003) (such exclusions bar coverage for virtually any claim arising out of the employment relationship).
cited Cited as authority (rule) Anne Carlsen Center for Children v. Government of United States Virgin Islands
D.N.D. · 2005 · confidence medium
Corp. v. 1405 Associates, Inc., 340 F.3d 547, 549 (8th Cir.2003) (citing Kopp v. Kopp, 280 F.3d 883, 884 (8th Cir.2002)).
discussed Cited as authority (rule) Clinical Research Institute v. Kemper Insurance Companies
Or. Ct. App. · 2004 · confidence medium
Corp. v. 1405 Associates, Inc., 340 F3d 547, 550 (8th Cir 2003) (rejecting the insured’s argument that ERP exclusion was inapplicable to conduct occurring after insured’s employee terminated her employment; relying on Missouri insurance law interpreting “arising out of’ to be a “very broad, general and comprehensive phrase” (internal quotation marks omitted)). 5 The court has been less strict in its preservation analysis where the issue involved the proper construction of a statute, see Stull v. Hoke, 326 Or 72, 77 , 948 P2d 722 (1997) (holding that, “[i]n construing a statute, t…
cited Cited "see" Lochthowe v. State Farm Mutual Automobile Insurance
D.N.D. · 2007 · signal: see · confidence high
See Capitol Indemnity Corp. v. 1W5 Associates, Inc., 340 F.3d 547, 549 (8th Cir.2003).
Retrieving the full opinion text from the archive…
CAPITOL INDEMNITY CORPORATION, a Corporation, Appellee,
v.
1405 ASSOCIATES, INC., Doing Business as Ford Apartments; Ranbir Bajwa, Individually, Appellants
02-3406.
Court of Appeals for the Eighth Circuit.
Aug 15, 2003.
340 F.3d 547
Christopher B. Bent, Hazelwood, MO, for appellant., Russell F. Watters and T. Michael Ward, St. Louis, MO, for appellee.
Wollman, Magill, Beam.
Cited by 34 opinions  |  Published
MAGILL, Circuit Judge.

Defendants-Appellants 1405 Associates, Inc., d/b/a Ford Apartments (“1405”), and Ranbir Bajwa (“Bajwa”), president of 1405, appeal the district court’s [1] grant of summary judgment in favor of Plaintiff-Appel-lee Capitol Indemnity Corp. (“Capitol”), 1405’s liability insurer. Capitol filed an action in the district court seeking' a declaratory judgment that it did not have a duty to defend 1405 and Bajwa in a suit against the company and its president by a former employee. The district court granted summary judgment for Capitol, finding no duty to defend or indemnify. Bajwa and 1405 appeal. Our jurisdiction is proper pursuant to 28 U.S.C. § 1291 (2000). For the following reasons, we affirm.

I.

Appellant Bajwa is the president of 1405, a corporation that owns and operates a residential property known as the Ford Hotel (“Hotel”). Capitol provides commercial insurance to 1405. On September 11, 2000, the Hotel’s manager, Regina Delaney (“Delaney”), left her employment at the Hotel. Bajwa and 1405 subsequently reported to the authorities that Delaney had failed to turn over all of the rent receipts she collected prior to her departure. Delaney was arrested based on these allegations.

After her arrest, Delaney filed a state court action against Bajwa and 1405 alleging, inter alia, false arrest, false imprisonment, unjust enrichment, wrongful termi[*549] nation, slander, and violations of the Fair Labor Standards Act (“FLSA”). Capitol undertook Bajwa’s and 1405’s defense, but reserved a right to disclaim coverage.

Capitol then filed an action in the district court seeking a declaration that it had no duty to defend or indemnify 1405 or Bajwa with regard to Delaney’s suit. Finding that policy exclusions barred coverage, the district court granted summary judgment for Capitol. Bajwa and 1405 appeal, claiming that the district court (1) lacked subject matter jurisdiction because the complaint failed to specify the amount in controversy, and (2) erred in granting summary judgment based on policy exclusions.

II.

First, we must determine if the district court had jurisdiction to hear Capitol’s action for declaratory judgment. A “complaint that alleges the jurisdictional amount in good faith will suffice to confer jurisdiction, but the complaint will be dismissed if it appear[s] to a legal certainty that the claim is really for less than the jurisdictional amount.” Kopp v. Kopp, 280 F.3d 888, 884 (8th Cir.2002) (citation and quotations omitted).

When the parties to an action are citizens of different states, as they are here, [2] a district court has original subject matter jurisdiction “where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs.” 28 U.S.C. § 1332(a). This amount-in-controversy requirement is satisfied “when a fact finder could legally conclude, from the pleadings and the proof adduced to the court before trial, that the damages that the plaintiff suffered are greater than $75,000.” Kopp, 280 F.3d at 885.

Bajwa and 1405 claim that the district court lacked subject matter jurisdiction because Capitol’s complaint failed to specify that the amount in controversy exceeded the $75,000 minimum required for diversity jurisdiction. We disagree. In its Supplemental Complaint for Declaratory Judgment, which governs this claim, and the attached Second Amended Petition, Capitol alleges the following damages: (1) “approximately $20,000” for unjust enrichment; (2) $43,673.49, exclusive of interest, for FLSA violations; and (3) $25,000 in compensatory damages and $25,000 in punitive damages for false arrest. These alleged damages total $113,673.49. This number exceeds the jurisdictional requirement of $75,000. Therefore, we find that the district court did have subject matter jurisdiction over Capitol’s action.

III.

Next, we examine whether the district court erred in granting summary judgment for Capitol, finding that the policy excluded representation “arising out of’ termination of employment or employee-related practices and therefore, Capitol had no duty to defend Bawja or 1405. Under Missouri law, applicable in this diversity case, “[t]he interpretation of the meaning of an insurance policy is a question of law.” Standard Artificial Limb, Inc., v. Allianz Ins. Co., 895 S.W.2d 205, 209 (Mo.Ct.App.1995) (citation omitted). Therefore, our review is de novo. See, e.g., Kunkel v. Sprague Nat’l Bank, 128 F.3d 636, 641 (8th Cir.1997) (citation omitted).

[*550] Capitol issued a Commercial General Liability policy (“Policy”) to 1405. The Policy provision relevant to this appeal is known as “Coverage B: Personal And Advertising Injury Liability.” This provision covers the insured’s damages resulting from another’s “personal and advertising injury,” including injury arising from false arrest, imprisonment, or slander. [3] The Policy also contained the following exclusion, entitled “Employment-Related Practices Exclusion”:

This insurance does not apply to: “Personal and advertising injury” to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person’s employment; or
(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person.
This exclusion applies ... [w]hether the insured may be liable as an employer or in any other capacity.

Policy, Appellee App. at 149.

Capitol argues that this exclusion bars coverage, even if Delaney’s claims otherwise would be covered under Coverage B. Bawja and 1405 argue that the exclusion is inapplicable because the events giving rise to Delaney’s suit occurred after she terminated her employment with 1405. We agree with Capitol that the Policy exclusion bars coverage.

Policy exclusions and limitations are to be strictly construed against the insurer. Standard Artificial Limb, 895 S.W.2d at 209. However, under Missouri insurance law, “arising out of’ has been interpreted “to be a very broad, general and comprehensive phrase” meaning “originating from” or “having its origins in” or “growing out of’ or “flowing from.” Colony Ins. Co. v. Pinewoods Enters., Inc., 29 F.Supp.2d 1079, 1083 (E.D.Mo.1998) (citations and quotations omitted). When this phrase is used, as it is in the relevant Policy exclusion, the applicable causation standard is not the strict “direct and proximate cause” standard applicable in general tort law. Id. (citation omitted). Instead, “arising out of’ may be established by a “simple causal relationship ... between the accident or injury and the activity of the insured.” Id. We find that such a relationship exists here, as the incidents of which Delaney complains, specifically false arrest, false imprisonment, and slander, all flow directly from Delaney’s employment with 1405.

The Fifth Circuit agreed with our interpretation of the phrase “arising out of’ when it reviewed a similar employment-related practices exclusion. See Old Republic Ins. Co. v. Comprehensive Health Care Assocs., Inc., 2 F.3d 105, 109 (5th Cir.1993) (stating that such exclusions bar coverage for “virtually any claim arising out of the employment relationship”). Because we find that the suit by Delaney against 1405 and Bawja did “arise out of’ Delaney’s employment with 1405, and therefore, Capitol had no duty to defend or indemnify 1405 or Bawja with regard to[*551] Delaney’s suit against her former employer, we affirm the district court’s grant of summary judgment.

IV.

For the aforementioned reasons, we affirm.

1

. The Honorable Carol E. Jackson, Chief Judge, United States District Court for the Eastern District of Missouri.

2

. Capitol is a Wisconsin corporation with its principal place of business in Wisconsin. Appellant 1405 is a Missouri corporation with its principal place of business in Missouri, and Bajwa is a Missouri citizen. As such, complete diversity of citizenship exists between the parties.

3

. The district court also found that a separate provision of the Policy, Coverage A: Bodily Injury and Property Damage Liability, which covers the insured’s damages resulting from bodily injury to a person, was inapplicable because no "occurrence” took place that would give rise to coverage under this provision. Appellants waived any arguments under this provision, as they failed to challenge them in brief. See, e.g., Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740-41 (8th Cir.1985) (citations omitted). Therefore, we need not address this issue.