United States Eighth Circuit

In an action arising from tornado damage to plaintiffs' roof and their claim for coverage under their homeowner's policy, summary judgment for defendant-insurer is reversed in part as to non-personal-injury claims where, at the summary judgment stage, sufficient evidence supported claims that defendant breached the policy by failing to settle within applicable time limits, and the fact that defendant eventually settled the claim in full did not make the matter moot, as plaintiffs sought additional damages under state law for vexatious refusal to pay.

Appellate Information

• Decided 12/28/2006
• Published 12/28/2006

Judges

• BENTON, Circuit Judge., Before MELLOY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Don M. Downing, argued, St. Louis, MO (Eric L. Airsman, St. Louis, and David G. Wasinger and Michael K. Daming, St. Louis, on the brief), for appellee., Russell F. Watters, T. Michael Ward, David P. Bub, Erica J.S. Bash, Brown & James, St. Louis, MO, for Appellee.