You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Jacobsmeyer v. Charles L. Crane Agency

Citations: 181 S.W.3d 585; 2005 Mo. App. LEXIS 1752; 2005 WL 3110685Docket: No. ED 85908

Court: Missouri Court of Appeals; November 21, 2005; Missouri; State Appellate Court

Narrative Opinion Summary

Donald W. Jacobsmeyer, Jr. and Bingham Properties, L.L.C. appeal the trial court's summary judgment in favor of Maryland Casualty Company, arguing that there is a genuine dispute regarding the cancellation of their insurance policy. Charles L. Crane Agency cross-appeals, challenging the trial court's ruling in favor of the plaintiffs on negligent misrepresentation and the dismissal of its third-party claims against Maryland. Crane asserts that the policy was still in effect due to improper cancellation by Maryland and claims that there were genuine issues of material fact regarding its contribution and indemnity claims against Maryland. Upon reviewing the parties' briefs and the appeal record, the court finds no legal errors and determines that no further written opinion is necessary. The trial court's judgment is affirmed per Rule 84.16(b), with a memorandum opinion provided to the parties for informational purposes.

Legal Issues Addressed

Appellate Review and Affirmation

Application: The appellate court reviewed the parties' briefs and the appeal record, finding no legal errors and affirming the trial court's judgment without the need for a detailed written opinion.

Reasoning: Upon reviewing the parties' briefs and the appeal record, the court finds no legal errors and determines that no further written opinion is necessary. The trial court's judgment is affirmed per Rule 84.16(b), with a memorandum opinion provided to the parties for informational purposes.

Cancellation of Insurance Policy

Application: The plaintiffs contended that their insurance policy was improperly canceled by Maryland Casualty Company, but the court found no legal errors in the summary judgment affirming the cancellation.

Reasoning: Crane asserts that the policy was still in effect due to improper cancellation by Maryland and claims that there were genuine issues of material fact regarding its contribution and indemnity claims against Maryland.

Negligent Misrepresentation

Application: The trial court ruled in favor of the plaintiffs on the negligent misrepresentation claim against Charles L. Crane Agency, suggesting that the plaintiffs successfully demonstrated elements of negligent misrepresentation.

Reasoning: Charles L. Crane Agency cross-appeals, challenging the trial court's ruling in favor of the plaintiffs on negligent misrepresentation and the dismissal of its third-party claims against Maryland.

Summary Judgment Standard

Application: The trial court granted summary judgment in favor of Maryland Casualty Company, indicating that the court found no genuine dispute of material fact regarding the cancellation of the insurance policy.

Reasoning: Donald W. Jacobsmeyer, Jr. and Bingham Properties, L.L.C. appeal the trial court's summary judgment in favor of Maryland Casualty Company, arguing that there is a genuine dispute regarding the cancellation of their insurance policy.