In Green Tree Servicing, LLC v. Chicago Title Ins. Co., 499 S.W.3d 771 (Mo. Ct. App. 2016), the Missouri Court of Appeals held that determination of whether an insured provided notice to a title insurance carrier of its claim for coverage within a reasonable time was a fact issue that could not be resolved on a motion to dismiss.
Green Tree Servicing sued as the assignee of the insured's claims for breach of contract and vexatious refusal to pay, which Green Tree alleged in its complaint against a title insurance company. Green Tree Servicing, LLC v. Chicago Title Ins. Co., 499 S.W.3d 771, 777 (Mo. Ct. App. 2016).
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