Missouri Court of Appeals, Southern District / Jul 29, 2022
GARY CHASTAIN and CASEY CHASTAIN, Appellants vs. UNITED FIRE & CASUALTY COMPANY and LAWRENCE PHOTO AND VIDEO, INC., Respondents
Gary and Casey Chastain appealed the trial court's grant of summary judgment to United Fire & Casualty Company on their equitable garnishment claim, stemming from the loss of their family videos by Lawrence Photo and Video, Inc. The Chastains argued the insurance policy was ambiguous and that a genuine issue of material fact existed regarding the loss. The appellate court affirmed the trial court's judgment, finding the insurance policy unambiguous in requiring both "Covered Property" and a "Covered Cause of Loss," which included a "physical evidence" limitation for missing property. The court also concluded that no genuine dispute of material fact existed, as the Chastains relied solely on testimonial evidence, which did not satisfy the policy's requirement for physical evidence of the loss.