091569P.pdf   09/02/2010  Travelers Property Casualty  v.  National Union Insurance
   U.S. Court of Appeals Case No:  09-1569
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Melloy, Author, with Beam and Gruender, Circuit Judges]
   Civil case - insurance. Travelers waived certain of its rights by
   repeatedly refusing to participate in subrogation discussions and
   agreements concerning allocation of loss and third party litigation;
   Travelers also waived any right to challenge the allocation agreement's
   underlying characterization of recoveries as insured or uninsured losses;
   Travelers did not waive its right to assert an interest in any sums Kansas
   City Power and Light and National might recover from Rockwell
   Automation on claims its negligence was a cause of the underlying
   damage to KCPL's facility; under Missouri law and the provisions of the
   policies, Travelers, as the excess coverage carrier, could not assert a
   subrogation claim against funds KCPL received from third-party
   tortfeasors for uninsured losses; the Travelers policy unambiguously
   grants sole priority in insured proceeds to Travelers and National Union
   is bound by the policy as a subrogee of KCPL who holds only the rights
   of, and is subject to the contractual restrictions upon, KCPL; such a
   conclusion is also consistent with the provisions of the National Union
   policy; as a result, National must disgorge $10 million from its share of
   the judgment against Rockwell, the third-party tortfeasor.