142587P.pdf   07/30/2015  Western Heritage Insurance Co.  v.  Fun Services of Kansas City
   U.S. Court of Appeals Case No:  14-2587
                          and No:  14-2697
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Wollman, Circuit Judge, and Doty, 
   District Judge] 
   Civil case - Insurance. In this declaratory judgment action to determine 
   whether Western had a duty to indemnify and defend its insured in an 
   action brought by Fun Services for damages related to its receipt of the 
   insured's junk faxes, Fun Services did not have standing under Missouri 
   law to bring counterclaims regarding the meaning of the policies because 
   it had not yet obtained a judgment against Western's insured; deductible 
   endorsements operate more like a policy limit that a defense to coverage 
   and Western's failure to issue a reservation of rights did not waive its 
   ability to enforce the deductible endorsements; the district court did not 
   err in determining that the $1,000 deductible amount applies separately to 
   each fax and did not err in determining that damages and legal expenses 
   could not exceed $1,000; even if the ordinary person could define "claim" 
   to include multiple faxes sent to one class member during a policy year, 
   Fun Services failed to raise a genuine issue of material fact about 
   whether any class member received more than one fax in a policy year, and 
   the district court did not err in granting summary judgment to Western on 
   the duty-to-indemnify issue.