DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113498P.pdf 08/23/2012 Missouri Bank and Trust Co. v. OneBeacon Insurance Company
U.S. Court of Appeals Case No: 11-3498
and No: 11-3529
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
Civil Case - diversity. Grant of partial summary judgment in breach of
contract and denial of vexatious refusal to pay claim are affirmed. Fax
transfer request is not an electronic record because it is not retrievable in
perceivable form and thus exclusion in agreement does not apply.
Authentication requirement is not required. District court did not clearly
err in determining that refusal to pay was not based upon reasonable
cause or excuse. Judge Beam concurs.