DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212956P.pdf 06/06/2023 White Knight Diner, LLC v. Owners Insurance Company
U.S. Court of Appeals Case No: 21-2956
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Grasz, Circuit
Judge]
Civil case - Insurance. The insurer's action in obtaining reimbursement
from the tortfeasor's insurers before plaintiff, its insured, had
recovered anything from them was not unlawful conduct under Missouri's
subrogation statute and Missouri case law; plaintiff's insurer did not
breach the policy when it sought reimbursement from the tortfeasors in a
manner contrary to the subrogation statute rights granted in the policy
because plaintiff could not show that he suffered any damages as a result
of the insurer's failure to abide by the contracted-for procedures; nor
did the insurer's action violate its duty of good faith and fair dealing.