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083452P.pdf 05/29/2009 Estate of Buford L. Anderson v. Safeco Ins. Co. of Illinois
U.S. Court of Appeals Case No: 08-3452
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Melloy, Author, with Wollman and Gruender, Circuit Judges]
Civil case - insurance. Because the driver's insurer denied payment for
the estate's claim on the basis that the driver was not at fault in the
accident which killed Buford Anderson, but did not dispute that the
accident was generally covered by its policy, there was no denial of
coverage within the meaning of defendant's definition of uninsured
vehicle, and the defendant had no obligation to pay the estate's claim on
the uninsured motorist policy it had issued; because the estate could not
establish that uninsured-motorist coverage existed or that defendant
engaged in inappropriate tactics when seeking to avoid payment,
defendant was not liable for vexatious refusal to pay the claim.