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121777P.pdf 01/30/2013 Heubel Materials Handling Co v. Universal Underwriters Insur
U.S. Court of Appeals Case No: 12-1777
and No: 12-1951
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Gruender, Author, with Beam and Smith, Circuit Judges]
Civil case - Insurance. Because no reservation of rights or conflict of
interest entitled Heubel to select its own counsel while continuing to
enjoy the coverage benefits of the policy issue by defendant Universal,
Heubel breached the policy by refusing to allow Universal to control the
defense; Universal suffered substantial prejudice from Heubel's refusal
and Universal was justified in denying coverage based on Heubel's
breach of the cooperation clause.