Olga Despotis Trust v. Cincinnati Insurance Co.

The 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. View "Olga Despotis Trust v. Cincinnati Insurance Co." on Justia Law