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'Stacking' Of UIM Coverage Allowed Under Kansas Policy

Where a Kansas automobile insurance policy provided for payment of underinsured motorist benefits “subject to the law of the state of the occurrence,” Missouri residents injured in an accident in Missouri could “stack” the underinsured motorist coverage of their father’s ...

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Supreme Court Transfers

Workers’ Comp Cases Are Set For Review By Supreme Court The Missouri Supreme Court accepted transfer of six cases this month, while denying requests to transfer 39 others. Five of the transfers granted are civil cases, and one is a ...

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Trial Reports

Design Defect – Industrial Trash Compactor Type of Action: Product liability Type of Injuries: Fractured jaw, cervical spine surgery, psychological Court/Case #/Date: St. Louis City Circuit Court/892-10049-Div.1/June 3, 1993 Caption: Matlock v. Midwest Waste, Inc., et al. Judge or Jury ...

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Contact With Doctor Experts

The Missouri Supreme Court’s decisions in Brandt I and Brandt II set out rules for ex parte contact when a doctor-patient relationship exists. When the ex parte contact is with an expert medical witness who is not a treating physician, ...

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Ex Parte Contacts With Treating Doctor Allowed

No doctor-patient privilege exists in the Missouri statutes or common law which would forbid ex parte conversations between a patient’s treating physicians and the defendant-doctor in a medical malpractice suit, the Missouri Supreme Court has ruled. The court held that ...

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Grandparents' Visitation Law Held Constitutional

Grandparents should have visitation rights with their grandchildren, but such visitation should not be equal to parental visitation in custody matters, the Missouri Supreme Court has ruled. In the case, the court affirmed the constitutionality of Section 452.402, RSMo Supp ...

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'Mary Carter' Agreements Allowed When Disclosed

A ‘Mary Carter’ agreement which provided a settling defendant who remained in the case with a fixed maximum liability and reimbursement for amounts recovered from the remaining defendant is not void as a matter of policy, the Missouri Supreme Court ...

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Employee Of Independent Contractor v. Landowner

[INTRODUCTORY NOTE: In last week’s Viewpoint, John Medler explained why a landowner who hires an independent contractor should be immune from all suits brought by employees of independent contractors, even where the allegation is direct negligence on the part of ...

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Trial Reports

Quiet Enjoyment – XXX Videos Type of Action: Landlord suit for rent/Counterclaim for breach of covenant of quiet enjoyment Type of Injuries: Landlord lost rent and attorney fees. Tenant claimed damages representing total investment and advertising in carpet business Court/Case ...

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AHC Denies Attorney Fee Awards In Pair Of Cases

An insurance broker who delayed the Director of Insurance’s examination of his records for a year and a business owner who bragged that he had collected but not remitted sales taxes were denied awards of attorneys’ fees in a pair ...

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Report Finds Gender Bias In Missouri Court System

Statewide incidents of women attorneys being called “honey,” “little lady” and “lawyerette” show gender bias remains in the Missouri court system, but “substantial progress” has been made concluded the Missouri Task Force on Gender and Justice in a 348-page report, ...

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