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Carolyn E. Schubert, Personal Representative of the Estate of Thomas v. Auto Owners Insurance Company

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Submitted: April 14, 2011

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

Auto Owners Insurance Company (“Auto Owners”) appeals the order granting summary judgment in favor of Carolyn Schubert and awarding her $124,500, the face value of the insurance policy sold to her by Auto Owners. Because Schubert owned a one-half interest in the dwelling covered by the policy, which was completely destroyed by fire, Auto Owners offered to pay her half of the policy value. Auto Owners cited a provision within the policy which limited recovery to “[no] more than the insurable interest the insured has in the covered property at the time of loss.” The district court*fn1 declared this provision void as contrary to the public policy expressed in the Missouri valued policy statute, see Mo. Rev. Stat. § 379.140 (2000), and alternatively found its language ambiguous so as to allow Schubert to recover the face value of the insurance policy. Because we agree with the district court’s conclusions as to both points, we affirm. We are also convinced, after initially questioning our jurisdiction over the matter, that the case satisfies the $75,000 amount-in-controversy requirement and jurisdiction is proper.

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