Missouri Lawyers Media Missouri legal news and public notices

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 ...

Tagged with: Denial of Disability Benefits ERISA Group Policy

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, ...

Tagged with: Disputed Proceeds jurisdiction

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 ...

Tagged with: duty to defend Potential For Coverage Time Of Tender

Where an insurer challenged a trial court’s denial of a motion for a directed verdict against the wife of a deceased patient after a jury trial in which the insurer was the defendant, a settlement between the doctor and his ...

Tagged with: Rescission Of Policy Settlement Agreement

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 ...

Tagged with: Allocation of Settlement Obligations Batch-Clause Endorsement Construction of Policy Terms

Where a man, who was injured in an accidental shooting, brought a garnishment action against the insurer of the shooter’s employer and subsequently challenged the trial court’s finding that it lacked jurisdiction to address unresolved issues from the garnishment action, ...

Tagged with: Bad-Faith Claims garnishment jurisdiction

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 ...

Tagged with: traffic stop Uncharged Conduct

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 ...

Tagged with: Assault-and-Battery Exclusion Failure to Defend garnishment

Where a mother sought underinsured motorist coverage under three auto policies on behalf of her daughter, who was killed in an auto accident as a passenger, the plain language of two of the policies provided that the daughter was not ...

Tagged with: Named Insured Underinsured Motorist

(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 ...

Tagged with: Covered Occurrence equitable garnishment Sanctions

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 ...

Tagged with: Commercial Auto Policy Denial Of Coverage underinsured motorist coverage