Olga Despotis Trust v. Cincinnati Insurance Co., No. 16-2093 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment for CIC on the Trust's claims for breach of contract, vexatious refusal, and declaratory judgment. The court held that the district court properly afforded the appraisal provision its plain meaning in determining it was unambiguous, enforceable, and did not abridge the Trust's rights under Missouri's vexatious refusal statute; the district court properly concluded CIC did not waive the appraisal provision; the Trust's contention that there was no basis for the district court to order appraisal of all covered damages, including replacement cost, was unfounded; the district court committed no error in finding the Trust's breach of contract claim failed as a matter of law; and the district court properly granted CIC summary judgment on the Trust's vexatious refusal claim.
Court Description: Gritzner, Author, with Riley and Gruender, Circuit Judges] Civil case - Insurance. The district court did not err in finding the insurer had not waived enforcement of the appraisal provision of the insurance contract in this dispute over the value of the insured property; the appraisal provision is enforceable under Missouri law; the district court did not err in determining that plaintiff's failure to take any steps towards rebuilding the property was fatal to its breach of contract claim; vexatious-refusal-to-pay claim was properly rejected where the insurer paid the undisputed portion of the claim and invoked appraisal under the provisions of the policy.
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