102275P.pdf   02/10/2012  American Guarantee, etc.  v.  United States Fidelity, etc.
   U.S. Court of Appeals Case No:  10-2275
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit Judges]
   Civil Case - diversity. In dispute between excess and primary insurers of
   trucking company whose tractor trailer was involved in fatal traffic
   accident, excess carrier sued the primary carrier, alleging bad faith in
   failing to settle the underlying claim within the policy limits. District
   court's grant of summary judgment to primary carrier is affirmed. 
   District court did not erred in determining Missouri law applied, as the
   place of the injury to insured bears little relation to the dispute between
   the insurers, the injurious conduct in a bad faith failure-to-settle occurred
   in Missouri, the place of the business of the party favored neither state,
   and the relevant relationship to consider is the two insurers. Applying
   Missouri law, the district court did not err in determining the bad faith
   claim failed because the insured never made a demand for the primary
   insurer to settle within the policy limits.