Lucretia Penn v. State Farm Mutual Auto Ins. Co

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1505 ___________________________

Lucretia A. Penn

lllllllllllllllllllllPlaintiff - Appellant

v.

State Farm Mutual Automobile Insurance Company

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: January 29, 2021 Filed: February 9, 2021 [Unpublished] ____________

Before KELLY, MELLOY, and GRASZ, Circuit Judges. ____________

PER CURIAM.

In this diversity action, Lucretia Penn challenged the denial of coverage for insurance claims. She now appeals following the district court’s1 adverse grant of summary judgment on her claims for breach of contract.

After careful review of the record and the parties’ arguments on appeal, we find no basis for reversal. See Smith v. Toyota Motor Corp., 964 F.3d 725, 728 (8th Cir. 2020) (de novo review of grant of summary judgment; this court applies state substantive law in diversity case). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Penn’s pending motion to supplement her reply brief. ______________________________

1 The Honorable Rodney W. Sippel, Chief Judge, United States District Court for the Eastern District of Missouri.

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