[w]here the policy separates the property insured into distinct classes and specifies the amount of insurance upon each, the contract is severable into as many contracts as there are separate classes of property insured on separate valuations, and the fact that the policy may be void as to the insurance on one class will not necessarily impair its validity as to another.Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 816 (8th Cir. 2010) (quoting Fager v. Commercial Union Assurance Co., 189 Mo.App. 464, 176 S.W. 1064, 1065 (1915) ). However, the parties agree that under Missouri law, where an insured breaches an insurance policy by committing a misrepresentation as to one class of coverage, such misrepresentation may void the entire policy, even if the policy would otherwise be severable. SeeChilders v. State Farm Fire & Cas. Co., 799 S.W.2d 138, 141 (Mo. Ct. App. 1990) ("Under Missouri case law a misrepresentation as to a portion of the loss may void coverage to the entire claim."); Scott, 486 F.3d at 423 (finding that where an insured made a material misrepresentation as to the value of her personal property, her entire policy was voided); Patterson v. State Auto. Mut. Ins. Co., 105 F.3d 1251, 1253 (8th Cir. 1997) (concluding that a jury instruction was appropriate under Missouri law where it "allowed forfeiture of all benefits even if the jury found that [the insured] made a material misrepresentation with regard t
Compare Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 820 (8th Cir. 2010) ("When the highest court of a state disposes of an issue of state law contrary to the resolution of the issue theretofore suggested by a federal court, the latter ruling must give way." (quoting Smith v. F.W. Morse & Co., 76 F.3d 413, 429 n.12 (1st Cir. 1996)), with Arena Holdings Charitable, LLC v. Harman Pro., Inc., 785 F.3d 292, 296 (8th Cir. 2015) ("[O]ur circuit has never specifically determined the binding effect of a state law determination by a prior panel . . . ." (quoting AIG Centennial Ins. Co. v. Fraley-Landers, 450 F.3d 761, 767 (8th Cir. 2006))).
Without the district court's careful examination of the circumstances of this case and “the benefit of the district court's analysis,” Bell v. Pfizer, Inc., 716 F.3d 1087, 1096 (8th Cir.2013), we decline to address the res judicata defense. “ ‘[W]e leave [it] to be addressed in the first instance on remand, without expressing any view as to [its] merit.’ ” Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 820 (8th Cir.2010) (second and third alterations in original) (quoting Discovery Grp. LLC v. Chapel Dev., LLC, 574 F.3d 986, 990 (8th Cir.2009)).
Without the district court's careful examination of the circumstances of this case and “the benefit of the district court's analysis,” Bell v. Pfizer, Inc., 716 F.3d 1087, 1096 (8th Cir.2013), we decline to address the res judicata defense. “ ‘[W]e leave [it] to be addressed in the first instance on remand, without expressing any view as to [its] merit.’ ” Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 820 (8th Cir.2010) (second and third alterations in original) (quoting Discovery Grp. LLC v. Chapel Dev., LLC, 574 F.3d 986, 990 (8th Cir.2009)).
Those questions are best addressed first in the district court. See Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 820 (8th Cir.2010) (declining to affirm on alternative ground not considered by the trial court without expressing any opinion on the merits). We also leave for the district court to consider in the first instance whether Pliva has met its burden of establishing impossibility preemption or any other defense with respect to those claims.
Those questions are best addressed first in the district court. See Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 820 (8th Cir. 2010) (declining to affirm on alternative ground not considered by the trial court without expressing any opinion on the merits). We also leave for the district court to consider in the first instance whether Pliva has met its burden of establishing impossibility preemption or any other defense with respect to those claims.
“When the highest court of a state disposes of an issue of state law contrary to the resolution of the issue theretofore suggested by a federal court, the latter ruling must give way.” Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 820 (8th Cir.2010) (quoting Smith v. F.W. Morse & Co., Inc., 76 F.3d 413, 429 n. 12 (1st Cir.1996)). Accordingly, we adopt the ruling in Bryant as controlling and find it necessary to consider both whether Casino Queen's actions fall within the purview of Missouri's long-arm statute and whether the exercise of jurisdiction over Casino Queen by a Missouri court comports with due process requirements.
“We review the district court's grant of summary judgment de novo.” Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 816 (8th Cir.2010). A
“Under Missouri law, the lack of title is immaterial to determining whether a party has an insurable interest.” Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 818 (8th Cir.2010). Insurable interest may be “entirely disconnected from any title, lien, or possession.”
The Insurers press several alternate grounds for affirming the remainder of the district court's judgment, but we express no view now as to their merit, absent the district court first ruling on these issues. See, e.g., Beckon, Inc. v. AMCO Ins. Co., 616 F.3d 812, 820 (8th Cir. 2010). III. CONCLUSION