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Insurance Law

Insurance: Medical Lien Statutes-Lien Against Insurance/Tort Recovery

Plaintiff was injured in a car crash and sought treatment from defendant. The parties entered a UCC lien in which plaintiff granted defendant a security interest in any proceeds plaintiff would receive from insurance or a tortfeasor. Plaintiff further purported ...

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Insurance: Life Insurance-Shareholder Policies-Failure to Purchase Shares

Plaintiff co-owned a business with Daniel and J. Carson Cates. The shareholders purchased life insurance policies, the proceeds of which would be used to purchase a deceased shareholder’s interest. After Daniel died, the company received the life insurance proceeds but ...

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Insurance: Duty to Defend-Policy ‘Occurrence’-Negligent Misrepresentation

Where appellant homebuyer, who brought claims of negligent misrepresentation and claims under the Missouri Merchandising Practices Act against the sellers after the buyer experienced water damage in the  home’s basement, challenged a declaration in favor of the insurer finding that ...

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Insurance: Negligence-Insurers’ Duty Independent of Policy

Plaintiff filed a negligence action against defendant insurers on a claim of negligence, alleging that they negligently hired a contractor to remediate a leak in plaintiff’s home that subsequently caused plaintiff to become ill. The trial court granted summary judgment ...

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Insurance: Loss Coverage-‘Building Decay’-Cave Storage Facility

Where the primary insurer for the operator of an underground limestone-cave storage facility sought a declaration that losses related to collapses of the cave’s roof were not covered under the relevant policy, the cause of the losses was not “building ...

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Insurance: Uninsured-Motorist Coverage-Diversity Action-Declaratory Judgment

Defendant appealed from the denial of his motion for summary judgment and the grant of plaintiff’s cross-motion for summary judgment in a declaratory-judgment action relating to uninsured-motorist-coverage benefits. Where the district court correctly interpreted Missouri law governing UM benefits, it ...

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Insurance: Equitable Garnishment-Ambiguity

Where insurers challenged a partial summary judgment to respondent awarding an equitable garnishment of more than $5 million to respondent in a dispute arising from respondent’s claims of malicious prosecution and civil-rights violations against a city and police defendants, the ...

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Insurance: Uninsured-Motorist Coverage-Stacking

Defendant appealed from the declaratory judgment entered in favor of plaintiff, finding that plaintiff was an insured under his father’s uninsured-motorist coverage under four policies issued by defendant and that the UM coverages could be stacked. On appeal, defendant argued ...

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