McMillin v. American Family Insurance Co.

BERREY, Presiding Judge.

Linda McMillin appeals the trial court’s order granting summary judgment in favor of American Family Insurance Company (American Family) on McMillin’s claims of breach of contract, breach of statutory duty under §§ 379.140 and 379.160, RSMo 1994, vexatious refusal to pay, and intentional misrepresentation. The trial court found that McMillin’s acceptance of a settlement check from American Family constituted an accord and satisfaction, and thus barred her claims. McMillin alleges five reasons why the court should not have granted summary judgment: 1) there are genuine…