DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

982912P.pdf   10/19/1999  ESICORP  v.  Liberty Mutual Ins.
   U.S. Court of Appeals Case No:  98-2912
                          and No:  98-3040
   Eastern District of Missouri   
   Civil case - torts. Liberty Mutual breached its duty to defend claim 
   later assigned to ESICORP as the complaint which led to judgment 
   and assignment alleged covered property damage; however, Liberty 
   Mutual's liability for breaching the duty to defend cannot exceed its 
   duty to indemnify and it cannot be held liable for claims not covered 
   by the policy; case remanded to permit district court to apportion 
   losses between covered and uncovered claims; Missouri would not 
   recognize a cause of action which would permit recovery of punitive 
   damages for bad faith refusal to defend.