Where the family of a man who died after being struck by a car brought an action against an insurer alleging equitable garnishment and a vexatious refusal to defend and indemnify, summary judgment in favor of the plaintiff on the equitable garnishment claim is affirmed because the auto exclusion did not bar coverage, and an assault and battery exclusion also did not apply, but even though the exclusions did not bar coverage, the district court properly found that the insurer’s refusal to defend was not vexatious since it was a close call over the exclusions.
Judgment is affirmed.
Minden v. Atain Specialty Insurance Company (MLW No. 67843/Case No. 14-1112 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.) Appealed from U.S. District Court, Eastern District of Missouri, Fleissig, J. (Matthew J. Eddy, St Louis, argued for appellant; Andrew G. Toennies and Paul J. Passanante appeared on briefs) (Thomas Michael Ward, St Louis, argued for appellee; Samuel John Vincent III appeared on the brief).