Western District Affirms Summary Judgment for Insurer in Bad Faith Case05/01/2018
The View Home Owner’s Association (VHOA) appealed from the Jackson County Circuit Court’s grant of summary judgment in favor of insurer, The Burlington Insurance Company, on VHOA’s claims for breach of contract and bad faith failure to defend relating to a commercial general liability insurance policy. The Missouri Court of Appeals, Western District, affirmed the trial court’s decision in favor of the insurer. In affirming summary judgment for the insurer, the Western District held that 1) the commercial general liability insurer owed no duty to defend VHOA against claims made in an underlying lawsuit as said claims were not covered under the policy; 2) the commercial general liability insurer possessed no duty to indemnify VHOA; and 3) VHOA had no claim against insurer for bad faith failure to defend or indemnify where insurer had no duty to defend or indemnify. The insurer, The Burlington Insurance Company, was represented by FSM partner Nikki Cannezzaro. The View Home Owners Assoc. v. The Burlington Ins. Co., WD 80790 (May 1, 2018).