213192P.pdf   01/19/2023  Cincinnati Insurance Company  v.  Jacob Rieger & Co., LLC
   U.S. Court of Appeals Case No:  21-3192
                          and No:  21-3298
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Kobes, Author, with Loken and Benton, Circuit Judges] 
   Civil case - Insurance. Under Missouri law, the failure of an insured to 
   provide timely notice to the insurer is treated as an affirmative defense, 
   and prejudice to the insurer is not presumed from the mere fact of an 
   insured's delay in giving notice; here, the district court erred by 
   failing to treat prejudice as an affirmative defense, and the grant of 
   summary judgment is reversed; in the suit filed in Missouri by the 
   insured's parent company, the parent company was not a named insured, and 
   Cincinnati was not liable to provide coverage; under Missouri law, the 
   district court properly dismissed the insured's tort claims against 
   Cincinnati as a contract remedy was available, and the tort claims were 
   not independent of the contract claims; sanctions order against Cincinnati 
   for failure to comply with discovery order is affirmed.