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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.