Consumer Law : Credit Card Dispute – Credit Disability Insurance – Breach Of Contract

Where a credit card company brought an action against a customer for failing to pay his outstanding credit card balance, the trial court properly granted summary judgment to the company on its claim for breach of contract and on the customer’s counterclaim for vexatious refusal to pay, but judgment for the company on the customer’s counterclaim for breach of contract is reversed because a genuine dispute existed as to whether the company took the necessary actions to ensure that the customer’s claim for disability insurance was processed and that he could obtain the coverage for which he paid.

Judgment is reversed in part; affirmed in part.

Vantage Credit Union v. Chisholm (MLW No. 66934/Case No. ED100333 – 12 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, Jefferson County, Bouchard, J. (John J. Pawloski for appellant) (Bonnie L. Clair, Petya B. Beltcheva and Jill R. Rembusch for respondent).

Read the full text of this opinion. (PDF)