151927P.pdf   05/17/2016  Susan DeCoursey  v.  American General Life Ins.
   U.S. Court of Appeals Case No:  15-1927
                          and No:  15-1929
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Arnold, Author, with Wollman and Shepherd, Circuit Judges] 
   Civil case - Insurance. Under Missouri law, the ten-year limitations 
   period began to run when the insurer initially denied the claim in 1986 
   and not when plaintiff discovered in 2013 that the company wrongfully 
   denied the claim; there was no evidence that the company committed any 
   affirmative fraudulent acts which would toll the limitations period; the 
   court is confident that if presented with the question, the Missouri 
   Supreme Court would decide that a payor's lack of care will not diminish 
   his right to recovery or somehow justify the payee's retention of the 
   windfall; as a result, the district court erred in finding the insurer's 
   action for restitution of a wrongfully paid benefit should be denied 
   because the insurer neglected to discover all of the relevant facts before 
   it paid the benefits.