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.