DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092324P.pdf 02/18/2010 The Medical Protective Company v. Joseph C. Johnston
U.S. Court of Appeals Case No: 09-2324
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, with Bye, Circuit Judges, and Strom,
District Judge]
Civil case - insurance. After considering Missouri case law and the
provisions of the policy in question, the policy's provision on the
insured's cooperation was not ambiguous and required the insured's full
cooperation and assistance with preparation and trial of claim, and the
district court did not err in finding that the insured materially breached
the cooperation clause; insurer did not waive its rights under the
provision, nor was it estopped from asserting them.