Insurance: Breach of Contract- Failure to Notify- Indemnification

Staff Report//October 26, 2018

Defendant canceled a homeowners’ Insurance policy for nonpayment and notified LexisNexis of the cancellation, pursuant to an agreement to notify mortgagees of actions taken against defendant’s policies. When the formerly insured home suffered a fire, the mortgagee filed suit, arguing defendant was liable for the loss under its policy. Defendant unsuccessfully sought indemnity from LexisNexis for its failure to notify the mortgagee of the policy’s cancellation.

Where the remaining claims among the parties in the breach-of-contract action were outstanding, the court lacked jurisdiction to hear an appeal from the grant of adverse summary judgment on defendant’s third-party indemnification claim.

Appeal dismissed.

Bank of Birch Tree v. Am. Modern Home Ins. Co. (MLW No. 72213/Case No SD35368 – 5 pages) (Missouri Court of Appeals, Southern District, Francis, J.) Appealed from Circuit Court, Shannon County (David P. Evans, J.)