Free Newsletter
Insurance Law: Health Insurance-ERISA-Benefits Claim
Shafer v. Zimmerman Transfer, Inc. (MLW No. 80017/Case No. 22-2275 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Southern District of Iowa, Pratt, J. (John Q. Stoltze, of Des Moines, IA for appellant) (Catherine Dowie, of Hingham, MA for appellee; Zackary Anthony Martin, of Sioux City, IA; Ryan L. Woody, of Hartford, WI; and Jeff William Wright,[...]
Insurance Law: Death Benefits-Initial Premium-Vexatious Denial
Principal National Life Insurance Company v. Rothenberg (MLW No. 80029/Case No. 22-1114 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, Eastern District of Missouri, Hamilton, J. (Gerald P Greiman, St. Louis, MO argued for appellant; Timothy J. Ahrenhoersterbaeumer appeared on the brief) (Edna Sybil Kersting, Chicago, IL and Barbara A. Smith, St.[...]
Insurance Law: Subrogation-Property Damage
White Knight Diner, LLC v. Owners Insurance Company (MLW No. 80004/Case No. 21-2956 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Eastern District of Missouri, Schelp, J. (Anthony R. Friedman, St. Louis, MO argued for appellant; Anthony G. Simon and Paul J. Tahan appeared on the brief) (Lucas Ude, St. Louis, MO argued for appellee; Timothy J. Wolf[...]
Insurance Law: Auto Accident-Ambiguity-Named Insured
Shelter Insurance Company v. Long (MLW No. 79942/Case No. WD85564 – 14 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Benton County, Baker, J. (Bradley C. Letterman, Jefferson City, for appellant) (Thomas B. Kempton, Sedalia, for respondents).
Insurance: Auto Insurance-Arkansas Deceptive Trade Practices Act-Motion to Remand
Motal v. Allstate Property & Casualty Insurance Company (MLW No. 79923/Case No. 22-1743 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Baker, J.
Insurance Law: Auto Accident-Underinsured Vehicle
Garner v. Amco Insurance Company (MLW No. 79832/Case No. SD37632 – 9 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Lawrence County, Kasper, J.
Insurance Law: Carjacking-Uninsured Motorist-Public Policy
Bland v. Progressive Casualty Insurance Company (MLW No.79831/Case No. SD37582 – 12 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Scott County, Dolan, J. (James Albert Wilke, St. Louis, for appellant) (Matthew Duncan Glenn, Cape Girardeau, and Matthew Rhoades Davis, Columbia, for respondent).
Insurance: Property Insurance-Presence of COVID-19-Physical Loss
Olmstead Medical Center v. Continental Casualty Company (MLW No. 79796/Case No. 22-1256 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, District of Minnesota, Davis, J. (Christopher Yetka, of Minneapolis, MN, and Sarah D. Greening, of Minneapolis, MN, for appellant) (Louise A. Behrendt, of Minneapolis MN, Kannon K. Shanmugam, of Washington, DC, Juli[...]
Insurance: Property Insurance-Appraisal-Vacatur of Arbitration Award
Martinique Properties, LLC v. Certain Underwriters at Lloyd’s of London (MLW No. 79521/Case No. 21-3561 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Kelly) Appealed from U.S. District Court, District of Nebraska, Buescher, J. (Justin D. Eichmann, of Omaha, NE, for appellant) (John A. Svoboda, of Omaha, NE, for appellee; Gregory L. Mast, of Atlanta, GA, and Stephen A. Kahn, of Atlanta, GA, o[...]
Insurance: Employee Theft Clause-Covered Loss-Shipping Costs
National Union Fire Insurance Company of Pittsburgh v. Cargill, Inc. (MLW No. 79556/Case No. 21-3141 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, District of Minnesota, Wright, J. (Timothy R. Macdonald, Denver, CO, argued for appellant) (Aaron Daniel Van Oort, Minneapolis, MN, argued for appellee).
Insurance: Business Interruption Coverage-COVID-19-Denial of Claim
Lindenwood Female College v. Zurich American Insurance Company (MLW No. 79530/Case No. 21-3738 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Eastern District of Missouri, Autrey, J. (Bradley Wilders, of Kansas City, MO, for appellant; Patrick Joseph Stueve, of Kansas City, MO, on the brief) (Parick Florian Hofer, of Washington, DC for appellee; Mi[...]
Insurance: Automobile Policy-Uninsured Motorist-Owned-Vehicle Exclusion
Where plaintiff, who was injured in an auto accident with an uninsured motorist, challenged the trial court’s grant of summary judgment in favor of an insurer and upholding an owned-vehicle uninsured motorist exclusion clause in two auto policies covering vehicles not involved in the accident, the owned-vehicle exclusion applied, and the exclusions in the two […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
