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.
061904P.pdf 02/27/2007 Douglas Wood, et al. v. Foremost Insurance
U.S. Court of Appeals Case No: 06-1904
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Melloy and Shepherd,
Circuit Judges]
Civil case - insurance. District court erred in
granting defendant insurer summary judgment on
plaintiffs' vexatious refusal to pay claims; viewing
the facts in the light most favorable to plaintiffs,
a reasonable jury could find that the defendant was
liable under Missouri's Vexatious Refusal statute;
however, the district court did not err in granting
the insurer summary judgment on plaintiffs' personal
injury claims as the injuries were not reasonably
foreseeable when the contract was formed.
061904P.pdf 12/28/2006 Douglas Wood, et al. v. Foremost Insurance
U.S. Court of Appeals Case No: 06-1904
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Melloy and Shepherd, Circuit Judges]
Civil case - Insurance. District court erred in granting insurer's motion
for summary judgment; accepting the evidence in the light most favorable
to the plaintiffs, there was sufficient evidence to support plaintiffs'
claims that defendant breached the policy by failing to settle within the
time limits set out in the policy; fact that defendant eventually settled
the claim in full did not make the matter moot, as plaintiffs sought
additional damages under Missouri law for vexatious refusal to pay;
district court did not err in granting defendant summary judgment on
plaintiffs' claim for injuries suffered while attempting to protect their
damaged property as Missouri law does not recognize such a claim.