United States Eighth Circuit

In a action for breach of contract and vexatious refusal to pay, district court's grant of summary judgment for defendant is affirmed where: 1) there was no denial of coverage within the meaning of defendant's definition of uninsured motor vehicle, and thus defendant had no obligation to pay the plaintiff for its claim on the uninsured motorist policy it had issued; and 2) defendant was not liable for vexatious refusal to pay the claim as the estate could not establish that uninsured-motorist coverage existed or that defendant engaged in inappropriate tactics when seeking to avoid payment.

Appellate Information

• Decided 05/29/2009
• Published 05/29/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Royce Deryl Edwards, Joplin, MO, for appellant.


• For Appellees:
  
• John E. Franke, Suzanne R. Bruss, Kansas City, MO, for appellee.