201768P.pdf   09/10/2021  Mary McClune  v.  Farmers Insurance Company
   U.S. Court of Appeals Case No:  20-1768
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Colloton, 
   Circuit Judge] 
   Civil case - Insurance. In this suit under the Underinsured Motorist 
   provision of plaintiff's insurance policy with defendant seeking medical 
   damages, the district court did not err in finding plaintiff had 
   materially breached the cooperation clause of the policy by failing to 
   submit to an examination under oath regarding her claim and that the 
   breach prejudiced the insurer by denying it an opportunity to gather 
   additional information and investigate her claim and counteroffer; there 
   were insufficient facts from which a fact finder could conclude the 
   insurer acted unreasonably in investigating and processing her claim or 
   that its request for the examination under oath was a delay tactic; 
   because of plaintiff' breach, the insurer had a right to deny plaintiff's 
   claim under the terms of the policy and Missouri law.