United States Eighth Circuit

In a diversity action for breach of contract and refusal to pay an insurance claim, district court's judgment is affirmed where: 1) district court did not err in determining the proper of measure of damages for defendant's flood losses; 2) defendant's challenges to the jury instructions are without merit; and 3) district court did not abuse its discretion in admitting plaintiff's expert's testimony concerning growth and remediation of mold, and excluding defendant's expert testimony for lack of relevance.

Appellate Information

• Decided 03/24/2009
• Published 03/24/2009

Judges

• GRUENDER, Circuit Judge., Before MELLOY, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Arthur G. Muegler, Jr., argued, St. Louis, MO, for appellant.


• For Appellees:
  
• David Patrick Bub, argued, St. Louis, MO (Patrick A. Bousquet, St. Louis, MO, on the brief), for appellee.