United States Eighth Circuit

Summary judgment for defendant-insurer in a contract and insurance case arising out of an automobile collision with a rental car is reversed as to contract and failure to procure insurance claims, and plaintiffs are entitled to recovery from underinsured motorist coverage without the stacking of policies.

Appellate Information

• Decided 11/17/2005
• Published 11/17/2005

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, BEAM and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christopher P. Sweeny, argued, Kansas City, MO (John Turner, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• J. Christopher Spangler, argued, Sedalia, MO, for appellee.