DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051588P.pdf 04/28/2006 State Farm v. Natl. Research
U.S. Court of Appeals Case No: 05-1588
Western District of Missouri
[PUBLISHED] [Benton, Author, with Smith and Heaney, Circuit Judges]
Civil Case - diversity. Insurance company did not have a duty to defend
under business liability policy against FTC claims of misrepresentation
and unauthorized disclosure of private information. Iowa Attorney
General's claims for were not covered as damages under policy and
insurance company had no duty to defend against Iowa's Assurance of
Voluntary Compliance. Payment to the Revolving Fund in Missouri
Attorney General's Assurance of Voluntary Compliance are not damages;
payment to the Public School Fund is damages and a duty to defend
arises against the Assurance presented by the Missouri Attorney General.
District court's grant of summary judgment to insurance company is
affirmed in part and reversed in part.
051588P.pdf 03/13/2006 State Farm v. Natl. Research
U.S. Court of Appeals Case No: 05-1588
Western District of Missouri
[PUBLISHED] [Benton, Author, with Smith and Heaney, Circuit Judges]
Civil case - insurance law. Payments sought by the FTC and state
attorneys general were for violation of students' privacy rights and were
properly categorized as personal injury within the meaning of the
insurance policy issued by State Farm; civil damages sought by the FTC
would benefit the public at large and were damages within the meaning of
the policy; payments sought by the State of Iowa (and on behalf of other
states) were punitive in nature and were not damages within the meaning
of the policy; as a result, State Farm did not owe defendant a defense on
these claims; however, Missouri's request for a payment to the Public
School Fund was a request for damages; while Missouri's request
presents a mix of "damages" and "non-damages" claims, under Missouri
law, State Farm owed defendant a duty of defense because a portion of
the claims were insured.