AMERICAN MODERN HOME INSURANCE COMPANY and BARTON MUTUAL INSURANCE COMPANY, Defendants- Missouri Cases

Plaintiffs Katherine L. Bowden and David Bowden, Jr., acting as ad litem, sued American Modern Home Insurance Company and Barton Mutual Insurance Company for breach of contract after a property they acquired a mortgage for was destroyed by fire. The circuit court granted summary judgment for both insurers, concluding that the Note Purchase Agreement did not assign rights to insurance proceeds. The appellate court reversed and remanded, holding that the defendants failed to make a prima facie showing for summary judgment because the assignment of policy rights occurred after the loss, which is an exception to anti-assignment clauses, and thus raised a genuine issue of material fact.