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TAYLOR v. COMMERCIAL UNION INS. CO.

No. 79-1355.

614 F.2d 160 (1980)

Paul S. TAYLOR, d/b/a Taylor Towing Service, Appellee, v. COMMERCIAL UNION INSURANCE COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1980.

Rehearing Denied February 12, 1980.

Attorney(s) appearing for the Case

Milton I. Goldstein, St. Louis, Mo., argued, for appellant; Gary T. Sacks and Paul R. Hales, St. Louis, Mo., on brief.

James E. Reeves, Ward & Reeves, Caruthersville, Mo., for appellee.

Before LAY, Chief Judge, and BRIGHT and McMILLIAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Appellant, an insurance company, appeals from a judgment by the District Court for the Eastern District of Missouri holding appellant liable to indemnify appellee under an insurance policy for certain losses, and holding appellant liable for a statutory penalty and attorney's fees based on vexatious refusal to pay appellee's claim. For the reasons stated below, we affirm the judgment of liability under the insurance policy, but reverse as...

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