171432P.pdf   07/31/2018  WireCo WorldGroup  v.  Liberty Mutual Fire Insurance
   U.S. Court of Appeals Case No:  17-1432
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Colloton, Author, with Gruender, Circuit Judge, and P.K. 
   Holmes, District Judge] 
   Civil case - Insurance. In action to recover damages for excess premiums 
   paid on workers' compensation policies, the district court did not err in 
   determining that Liberty's refusal to refund premium overpayments did not 
   constitute a loss that is recoverable under Missouri's vexatious refusal 
   to pay statute, Mo. Rev. Stat. Sec. 375.420; only the theories of breach 
   of contract pleaded in plaintiff's complaint were before the district 
   court at summary judgment; even if the district court erred in concluding 
   that the Missouri and Texas schedule rating plans were not incorporated 
   into the renewal policies, this court may affirm on any ground supported 
   by the record, and Liberty's alternative argument that plaintiff failed to 
   present any evidence it suffered damages from the alleged breach of 
   contract provides a basis for affirmance; plaintiff failed to show that 
   proper notice of the schedule rating modifications or proper documentation 
   in Liberty's files would have resulted in lower insurance premiums; nor 
   was there any evidence that plaintiff could have obtained the coverage for 
   less than it actually paid Liberty.