United States Eighth Circuit

In action for breach of contract and bad faith denial of insurance benefits, district court grant of summary judgment for defendant is affirmed in part and reversed in part where: 1) the grant of summary judgment on the breach of contract claim was premature, as factual disputes remain as to whether the insured was injured while performing tasks that fell within the course and scope of his duties under the independent contractor agreement; and 2) the court did not err in denying the claim for bad faith denial of benefits, as the claim was fairly debatable and defendant had an objectively reasonable basis for its denial.

Appellate Information

• Decided 07/17/2009
• Published 07/17/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, ARNOLD, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Marc A. Humphrey, Urbandle, IA, Alan O. Olson, Des Moines, IA, on the brief, for appellant.


• For Appellees:
  
• Daniel F. Church, Kansas City, KS, Rachel E. Rolf, Roeland Park, KS, on the brief, for appellee.