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Fincher v. St. Paul Fire & Marine Insurance Co.

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Submitted: January 13, 2010

Before GRUENDER and SHEPHERD, Circuit Judges, and JARVEY,*fn1 District Judge.

Ryan Fincher (“Fincher”) appeals the district court’s*fn2 grant of summary judgment to St. Paul Fire & Marine Insurance Company (“St. Paul”) on his claim that St. Paul vexatiously refused to pay his underinsured motorist (“UIM”) claim relating to injuries he sustained while driving a motorcycle as part of his employment as a police officer for the Unified Government of Wyandotte County/Kansas City, Kansas (“Unified Government”). Fincher argues that he was eligible for UIM coverage because the Unified Government employee who rejected the UIM coverage in excess of the statutory minimum lacked the legal authority to do so. St. Paul, the Unified Government’s insurer, refused to pay Fincher’s claim for UIM coverage, taking the position that the Unified Government employee who signed the form rejecting UIM coverage in excess of the statutory minimum (“the Rejection Form”) was duly authorized to do so. Both parties filed motions for summary judgment, and the district court granted St. Paul’s motion. For the reasons discussed below, we affirm.

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