Successes
American Family Mutual Insurance Company v. Vein Centers for Excellence, Inc. and St. Louis Heart Center, Inc., 912 F.3d 1076 (8th Cir. 2019): affirmance of summary judgment in favor of American Family. In addressing an issue of first impression, the Eight Circuit held the district court properly rejected the tort claimants’ contention the $75,000 threshold had not been met because no one claim against the named insured exceeded $75,000. The proper measure of the amount in controversy consisted of the anticipated costs to defend the Vein Centers and potential amount to indemnify the Vein Centers for all claims asserted by all plaintiffs in the underlying class action lawsuit. The unanimous 8th Circuit also held that testimony about the insurer’s custom and practice of mailing notices to its insureds about policy changes established the TCPA exclusion had been timely added to the policy, barring coverage for the TCPA claim asserted in the underlying class action case.
Berry v. Ulrich Hereford Ranch, Inc., et al., 17-2109-JTM, 2017 WL 3130580 (D. Kan. July 24, 2017): dismissal of plaintiff’s claims alleging fraud and negligent misrepresentation for lack of personal jurisdiction.
Howard v. Eaton Corp., 16-0055, 2016 WL 6651592 (W. Va. Nov. 10, 2016): affirmance of summary judgment for a manufacturer, in a suit alleging that the manufacturer’s product was inherently dangerous, and that the manufacturer breached an implied warranty and a duty to warn.
Stoddard Equip. Co., Inc. v. American Safety Indem. Co., et al., 6:13-cv-03271-JFM, 2013 WL 6255387 (W.D. Mo. Dec. 4, 2013): dismissal of insured’s declaratory judgment action seeking a defense and indemnity under a commercial general liability policy.
