Beckon, Inc. v. Amco Insurance

14 Citing cases

  1. Neidenbach v. Amica Mut. Ins. Co.

    842 F.3d 560 (8th Cir. 2016)   Cited 8 times
    Holding that the $255,000 discrepancy between "garage sale value" of assets listed on bankruptcy schedules - which are presumed to be accurate - and the "fair market value" of those assets on an insurance proof of loss indicated intentional misrepresentation on the insurance claim

    [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

  2. United States v. Donath

    107 F.4th 830 (8th Cir. 2024)   Cited 3 times

    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))).

  3. Zayed v. Associated Bank, N.A.

    779 F.3d 727 (8th Cir. 2015)   Cited 19 times
    Applying Minnesota law

    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)).

  4. Zayed v. Associated Bank, N.A.

    779 F.3d 727 (8th Cir. 2014)

    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)).

  5. Bell v. Pfizer, Inc.

    716 F.3d 1087 (8th Cir. 2013)   Cited 76 times   2 Legal Analyses
    Holding that brand name manufacturers cannot be held liable for injuries caused by products they did not manufacture under Arkansas law

    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.

  6. Bell v. Pfizer, Inc.

    No. 12-1674 (8th Cir. Jun. 14, 2013)

    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.

  7. Myers v. Casino Queen, Inc.

    689 F.3d 904 (8th Cir. 2012)   Cited 156 times
    Holding that federal district courts in Missouri must conduct separately the long-arm-statute and due-process inquiries

    “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.

  8. American Guarantee & Liability Ins. Co. v. United States Fid. & Guar. Co.

    668 F.3d 991 (8th Cir. 2012)   Cited 35 times

    “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

  9. Schubert v. Auto Owners Ins. Co.

    649 F.3d 817 (8th Cir. 2011)   Cited 172 times
    Finding no amount in controversy where insurer, pre-litigation, sent a check to insured for $62,250 and the remaining $62,250 under the policy was the only amount in dispute

    “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.”

  10. Lexicon, Inc. v. Ace American Ins. Co.

    634 F.3d 423 (8th Cir. 2010)   Cited 19 times
    In Lexicon, Inc. v. Ace American Ins. Co., 634 F.3d 423 (8th Cir. 2011), the insured built a number of silos, one of which collapsed because of faulty welding by the insured's contractor, Lexicon, Inc. After Lexicon spent millions of dollars to clean up the site, rebuild the silo, and replace damaged raw material, it sued the insurers who denied coverage.

    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