Missouri Court of Appeals, Eastern District / Jan 26, 2021
Christine Murray-Kaplan, Appellant, vs. NEC Insurance Inc., Great Northern Insurance Company, and Joseph Bosse, Respondents.
Christine Murray-Kaplan sued Great Northern Insurance Company (GNIC) for breach of contract, vexatious refusal, and unjust enrichment, and sued NEC Insurance, Inc. and Joseph Bosse for breach of fiduciary duty and negligence, stemming from GNIC's refusal to defend her in a probate case. The trial court dismissed Kaplan's petition for failure to state a claim. The Eastern District of the Missouri Court of Appeals reversed the dismissal, holding that Kaplan's petition adequately pleaded claims for breach of contract, vexatious refusal, unjust enrichment, negligence, and breach of fiduciary duty, and that dismissal based on policy exclusions or the statute of limitations was improper at the pleading stage.