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221109P.pdf 07/13/2023 Concord Baptist Church of Jefferson City v. Church Mutual Insurance Company
U.S. Court of Appeals Case No: 22-1109
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Shepherd, Author, with Loken and Kelly, Circuit Judges]
Civil case - Insurance. The district court did not err in granting summary
judgment in favor of the defendant insurance company on the plaintiff
insured's claims of breach of contract and vexatious refusal to pay, as
the undisputed facts demonstrated that the plaintiff materially breached
the insurance policy by failing to comply with a cooperation clause, that
the insurer suffered substantial prejudice as a result of the breach, and
that the insurer had exercised reasonable diligence in attempting to
procure the plaintiff's cooperation.