Herd v. American Security Ins. Co.

ORDER

LAUGHREY, District Judge.

This lawsuit presents an apparent case of first impression in Missouri. In order to resolve Plaintiffs John and Gloria Herd’s (“the Herds”) Motion for Partial Summary Judgment [Doc. # 24], the Court must decide, among other issues, whether Missouri courts would apply Missouri’s valued policy statutes, Mo.Rev.Stat. §§ 379.140-379.145, to an insurance policy placed on the Herd’s home by their mortgagee who mistakenly believed the Herds had not insured the house themselves. For the reasons set forth below, the Court grants the Motion in part.

I. Factual Background

The…