William Brown, Trustee, Appellee/cross-Appellant v. St. Paul Title Insurance Corporation, Appellant/cross-Appellee

SCOTT 0. WRIGHT, District Judge.

St. Paul Title Insurance Corporation, appellant/cross-appellee herein, appeals from the judgment of the district court1 holding that St. Paul breached its policy of title insurance in refusing to defend or discharge certain mechanic’s liens having priority over the insured’s mortgage. William Brown, trustee in bankruptcy and plaintiff below, cross-appeals, contending that the trial court erred in refusing to award plaintiff statutory penalties and attorney’s fees under Missouri’s “vexatious refusal to pay” statute.2 For reasons stated below, we find that St.…