In Thornburgh Insulation, Inc. v. J.W. Terrill, Inc., 2007 WL 2701303 (Mo.App. E.D.,2007), two insured companies brought an action against the insurer with which they each maintained commercial crime policies. The companies asserted a breach of contract claim to recover losses resulting from employee embezzlement, and vexatious refusal to pay a claim to recover statutory penalties.

 

On the parties' cross-motions for summary judgment, the lower court granted the insureds' motion and ordered the insurer to pay the full amount of loss to each insured. The insurer appealed.

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