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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.