Missouri Lawyers Media Missouri legal news and public notices

Where a homeowner sought coverage for property damage after the brick veneer on an exterior wall of his home collapsed, the grant of summary judgment to the insurer is affirmed because a policy exclusion provides that the policy does not ...

Tagged with: Deterioration expert testimony property damage

Plaintiff appealed from the dismissal of her claim against defendant, her insurer. Plaintiff suffered severe injuries in a car accident and sought coverage under her underinsured-motorist coverage when the other driver’s policy limits were too low to cover her losses. ...

Tagged with: Exhaustion of Coverage Limits stacking underinsured motorist coverage

Defendants appealed from the declaratory judgment that ruled that defendants paid group life-insurance benefits to the wrong person. Terry Engle died in a car crash while holding accidental death and life-insurance policies with defendants. Defendants contacted Terry’s mother, who informed ...

Tagged with: Deference to Plan Administrators ERISA Payment of Benefits to Domestic Partner

Plaintiff suffered serious injuries when he was struck by a rental truck driven by Patricia Hollandsworth and rented by Daniel Clymens. Hollandsworth was moving her belonging from Clymens’ house; Clymens had an auto policy issued by defendant. Hollandsworth rejected defendant’s ...

Tagged with: Insurer’s Motion to Intervene motor vehicle accident

Where executives of an energy company, who were covered by a directors and officers policy, challenged an adverse grant of summary judgment for the insurer in a declaratory-judgment action seeking to allocate defense costs among insured and uninsured parties, the ...

Tagged with: D&O Policy Defense Costs

Where an insurer that had issued a commercial general liability policy sought indemnity from the insurer that issued an excess liability policy in a dispute arising from the sexual abuse of a child at the insured’s day care facility, and ...

Tagged with: CGL policy Excess Liability Policy Sexual-Abuse Exclusion

Defendants purchased a former hotel intending to turn it into a B&B. Defendants insured the property far in excess of its purchase price. The property subsequently burned to the ground, and plaintiff, defendants’ insurer, determined the fire was set at ...

Tagged with: Intentional Acts Exclusion Payment to Mortgagees Recovery from Insureds

Where appellant sought coverage under a crime-insurance policy under the forgery and employee-theft clauses, summary judgment for the insurer was proper because the relevant entity was not an insured under the policy because it did not meet the definition of ...

Tagged with: Authorized Representative Exclusion Crime Policy Swindle

Defendants, representing passengers injured and killed in a car accident involving a vehicle operated by Blake Isaacson, who was insured by plaintiff, appealed from the grant of summary judgment to plaintiff. On appeal, defendants argued that the district court should ...

Tagged with: Auto Policy Stacking of Coverage wrongful death

Plaintiff appealed the grant of summary judgment to defendant, which determined that defendant did not owe uninsured motorist coverage to plaintiff following his car crash with Mason Baumgarte, an insured driver. The district court ruled that Baumgarte was solely responsible ...

Tagged with: Carjacking Possession of Firearm in Crime of Violence Residual Clause

Where a woman whose son was shot and killed while helping to set up a party outside a bar brought a garnishment claim against the bar owner’s insurer after the bar and owner were found to be jointly and severally ...

Tagged with: Assault-and-Battery Exclusion garnishment Refusal To Defend