Solon R. Gershman v. American Casualty Company of Reading, Pa, a Pennsylvania Corporation, and Cna Insurance Company, an Illinois Corporation

RICHARD S. ARNOLD, Circuit Judge.

Solon Gershman appeals the District Court’s grant of American Casualty Company of Reading’s motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Mr. Gersh-man’s suit against American Casualty alleged a failure to perform its obligations under an insurance policy and vexatious refusal to defend and indemnify. The sole issue before us is whether the District Court erred in applying Mo.Rev.Stat. § 369.124.5, which has to do with insurers’ duty to give notice of policy endorsements to…