Wolfe Auto. Grp. v. Universal Underwriters Ins. Co., No. 14-3411 (8th Cir. 2015)
Annotate this CaseWolfe filed suit against Universal for a declaration of its rights under an insurance policy, as well as for breach of contract and vexatious refusal to pay. Universal counterclaimed for declaratory judgment in its favor. The district court granted Universal's motion for summary judgment. The court concluded that, under the plain language of the policy, the umbrella coverage is not available for the injuries alleged in the underlying complaint. Therefore, Universal is entitled to judgment as a matter of law that it is not under a duty to defend Wolfe from the underlying suit except to the extent such a duty may be provided for in the customer complaint defense provision, and consequently that Universal is not under a duty to indemnify Wolfe should there be an award of damages in the underlying suit. Because Wolfe's claims for breach of contract and vexatious refusal to pay rest on the success of its declaratory judgment action, the court need not address them, nor Universal's remaining arguments. Accordingly, the court affirmed the judgment.
Court Description: Beam, Author, with Loken and Shepherd, Circuit Judges] Civil case - Insurance. Where Wolfe was sued on allegations that its pre-sale and post-sale notices violated the Missouri Uniform Commercial Code and the Missouri Motor Vehicle Time Sales Act, Wolfe's insurance policies covering wrongful repossession of an automobile did not cover the consumer's claims.
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