193054P.pdf   04/16/2021  American Modern Home Insur. Co  v.  Aaron Thomas
   U.S. Court of Appeals Case No:  19-3054
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Gruender and Stras, Circuit Judges] 
   Civil case - Insurance. In action alleging insurance fraud after 
   defendants made a claim for losses in an apartment fire, the jury found 
   for defendants and the insurer appeals. Held: the district court erred in 
   refusing to admit evidence of defendant Aaron Thomas's three prior 
   convictions for sex offenses as they were highly probative on credibility, 
   and the danger of unfair prejudice, undue delay and confusion of issues 
   did not substantially outweigh the value of the evidence; in view of the 
   uncertainty in Missouri law, the district court did not abuse its 
   discretion in its instruction concerning the meaning of "material" in the 
   context of a misrepresentation by the insured; the district court did not 
   abuse its discretion in giving a supplemental instruction on vexatious 
   refusal to pay in response to a jury question; the district court did not 
   err in excluding expert testimony on the grounds it was untimely disclosed 
   and cumulative. Reversed and remanded for a new trial