Javid Chaudhri v. State Auto Prop & Cas Ins. Co. ( 2020 )

United States Court of Appeals
For the Eighth Circuit
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No. 19-1894
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Javid Chaudhri, doing business as AJ Partnership; Arshad Chaudhri, doing
business as AJ Partnership
lllllllllllllllllllllPlaintiffs - Appellants
v.
State Auto Property & Casualty Insurance Company
lllllllllllllllllllllDefendant - Appellee
Hani Daifallah; Mohammed Daifallah
lllllllllllllllllllllDefendants
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: February 19, 2020
Filed: February 24, 2020
[Unpublished]
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Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges.
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PER CURIAM.
In this diversity action, Javid and Arshad Chaudhri challenged the denial of
coverage for an insurance claim. They appeal the district court’s1 adverse grant of
summary judgment on their claims for breach of contract and vexatious refusal to pay.
After careful review of the record and the parties’ arguments on appeal, we
conclude that the district court properly granted summary judgment. See Jackson v.
Reibold, 815 F.3d 1114, 1119 (8th Cir. 2016) (standard of review); Med. Protective
Co. v. Bubenik, 594 F.3d 1047, 1051 (8th Cir. 2010) (discussing Missouri law on
when an insurer may deny coverage under a cooperation provision); see also BSI
Constructors, Inc. v. Hartford Fire Ins. Co., 705 F.3d 330, 335 (8th Cir. 2013)
(concluding that Missouri precedent compelled that a vexatious-refusal claim must
fail because the insurer had no duty to cover loss at issue). Accordingly, we affirm.
See 8th Cir. R. 47B.
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1
The Honorable Greg Kays, United States District Judge for the Western
District of Missouri.
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