Missouri Court of Appeals, Southern District / Sep 17, 2020
VANESSA HARTWELL, Appellant vs. AMERICAN FIDELITY ASSURANCE COMPANY, Respondent
Vanessa Hartwell appealed the trial court's summary judgment in favor of American Fidelity Assurance Company on her claims for breach of insurance contract and vexatious refusal to pay. Hartwell contended the insurance policy was ambiguous and that AFA failed to make a prima facie showing for summary judgment. The appellate court reversed and remanded the case, finding no ambiguity in the policy but concluding that AFA failed to establish its right to judgment as a matter of law under Rule 74.04(c) and that the vexatious refusal claim was derivative.