082167P.pdf   07/14/2009  State Auto Property & Casualty  v.  Boardwalk Apartments
   U.S. Court of Appeals Case No:  08-2167
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Melloy, Circuit Judge, and Doty,
   District Judge]
   Civil case - Insurance. District court did not err in finding insurance
   agent did not have any special or expanded agreement with the insured
   which would have transformed his general duty into an expanded duty;
   district court properly found that Kansas's Valued Property Law does not
   apply and that the insurer's liability was not limited to he valuation sheet
   value of $2.1 million; because the Valued Policy Law does not apply, the
   coinsurance provision of the policy did apply; provisions of policy stating
   insurer would not reimburse any replacement cost attributable to
   enforcement of an ordinance or law was in violation of Kansas public
   policy and was not enforceable; Missouri's vexatious-refusal-to-pay
   statute did not apply as Kansas law governs the dispute; Kansas law
   concerning award of attorneys' fees will apply if insured obtains a
   judgment in excess of the amount the insurer tendered.