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Insurance Law

Insurance Law: ERISA-Group Policy-Denial of Disability Benefits

Plaintiff filed an ERISA action against defendant, alleging it wrongfully denied his claim for disability benefits under a group plan sponsored by plaintiff’s employer. The district court granted summary judgment to defendant, concluding it did not abuse the discretion afforded ...

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Insurance Law: Disputed Proceeds-Jurisdiction

Where an insurer challenged district court orders requiring it to deposit $21 million in disputed insurance proceeds to maintain its federal statutory interpleader claim, the insurer did not waive its right to appeal because the motion to dismiss was involuntary, ...

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Insurance: Time Of Tender-Potential For Coverage-Duty To Defend

Where an insurer challenged the grant of summary judgment to respondent insurers on claims for attorney’s fees and defense costs for insurer’s defense of respondents’ insured in an underlying dispute involving easements, the judgment is affirmed because there was no ...

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Criminal Law: Allocation of Settlement Obligations-Construction of Policy Terms-Batch-Clause Endorsement

Defendant was insured under consecutive commercial general and umbrella policies issued by plaintiffs and by defendant Federal Insurance Company. The district court interpreted the terms of defendant’s policies to allocate coverage for a $6 million settlement in an underlying product-liability ...

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Criminal Law: Traffic Stop-Uncharged Conduct

Where defendants challenged their drug and gun convictions following a traffic stop, the traffic stop was supported by probable cause, and the judgment is affirmed because the evidence of uncharged conduct was admissible as intrinsic to the charged offense, and ...

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Criminal Law: Garnishment-Failure to Defend-Assault-and-Battery Exclusion

Where a plaintiff who prevailed in a wrongful-death action brought a garnishment claim against the defendants’ insurer, the court properly found that an assault-and-battery exclusion did not bar the claim and that the insurer wrongfully refused to defend the named ...

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Insurance: Covered Occurrence-Equitable Garnishment-Sanctions

(1)Where plaintiff car buyers secured a judgment in an action alleging fraudulent misrepresentation under the Missouri Merchandising Practices Act against defendants and the defendants’ insurer was sued after denying coverage of the original MMPA action, an equitable garnishment judgment entered ...

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Insurance: Underinsured-Motorist Coverage-Commercial Auto Policy-Denial of Coverage

Defendant, widow of an individual killed while driving a truck for his employer insured by plaintiff, filed a claim with plaintiff for UIM benefits. Plaintiff filed the present declaratory-judgment action. The trial court granted plaintiff’s summary judgment motion, ruling that ...

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