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Insurance Law

Insurance: Homeowner’s Insurance-Roof Damage-Mismatching Issue

Plaintiffs suffered damage to part of their home’s roof. Plaintiffs disputed the damage amount determined by defendant, their insurer, and demanded appraisal for a binding amount of loss. The appraisers merely calculated replacement of the entire roof, because replacement products ...

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Insurance: Uninsured Motorist-Drive-by Shooting-Missouri Law

Where the widow of a man killed in a drive-by shooting sought damages under the uninsured-motorist provisions of the couple’s automobile liability policy, the district court properly granted summary judgment to the insurer because any liability of the uninsured motorist ...

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Insurance Law: Medical-Malpractice Policy-Liability-Limit Clause-‘Medical Occurrence’

Where a mother and child, who were allegedly injured during delivery, each brought claims against a doctor that were resolved through a confidential settlement agreement, and the doctor’s insurer argued that the plaintiffs’ claims were subject to a single liability ...

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Insurance Law: Government Contract-Performance Bond-Successor Standing

  A prime contractor on a government contract obtained payment and performance bonds from defendant. Thereafter, the parties agreed to terminate the prime contract and defendant agreed to complete the contract. The government ultimately sued the parties on behalf of ...

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Insurance: Motor-Vehicle Accident-Underinsured Motorist Coverage-Limits on Coverage

  Plaintiff appealed from the district court’s grant of declaratory judgment to defendant, plaintiff’s auto insurer, after defendant refused to convey UIM coverage following plaintiff’s car accident, pursuant to the definition of an underinsured motorist and the anti-stacking provision in ...

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Insurance Law: Denial Of Coverage-Fraudulent Misrepresentation-Tortious Interference

(1)Where  a car buyer challenged the denial of insurance coverage on her claim that an auto dealer committed fraudulent misrepresentation, the judgment is affirmed in part because the policy unambiguously did not provide coverage for the intentional-fraudulent-misrepresentation claim, and the ...

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Insurance Policy: Motorcycle Policy-Physical-Damage Coverage-Failure to Pay Under Policy

Defendant provided plaintiff a total-loss policy for plaintiff’s motorcycle, which required that “legal action relating to coverages” had to be brought “within one year immediately following the date of the accident or loss”. When plaintiff had a total loss in ...

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