DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182273P.pdf 08/02/2019 GEICO Casualty Company v. Kelly Rice
U.S. Court of Appeals Case No: 18-2273
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Gruender, Author, with Colloton and Erickson, Circuit Judges]
Civil Case - Diversity. GEICO filed a declaratory judgment action seeking
a determination that that the stacking provisions of other liability
coverage in the insurance policy are not applicable to the claims
presented. The claimants also filed an action in state court raising the
same stacking issue. The claimants moved to dismiss the federal action,
seeking abstention. The district court granted GEICO summary judgment on
the declaratory judgment claim. On appeal, the claimants argue the
district court erred in not abstaining or ruling on their motion to
dismiss. Because the insurance policy unambiguously did not allow stacking
under Missouri law, the district court did not err in ruling on the
declaratory judgment action and did not abuse its discretion in refusing
further discovery.