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GERSHMAN v. AMERICAN CAS. CO. OF READING, PA

No. 00-1230EM.

251 F.3d 1159 (2001)

Solon R. GERSHMAN, Appellant, v. AMERICAN CASUALTY COMPANY OF READING, PA, a Pennsylvania Corporation, and CNA Insurance Company, an Illinois Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 5, 2001.

Attorney(s) appearing for the Case

Eugen Portman, argued, Clayton, MO, for appellant.

Adam B. Goodman, argued, Chicago, IL (Anne Fielder, Jonathan Ries, Lyndon Sommer, on the brief), for appellee.

Before RICHARD S. ARNOLD and BOWMAN, Circuit Judges, and KYLE, District Judge.

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. Gershman'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...

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