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bad faith

Mar 27, 2020

Bankruptcy: Chapter 13 Cases-Dismissal-Bad Faith

Where debtors challenged the dismissal of their individual Chapter 13 cases with a bar to refiling for 180 days, the judgment is affirmed because the court found that their multiple filings were part of a long-running scheme to manipulate and abuse the bankruptcy system to the detriment of creditors. Judgment is affirmed. Steiner v. Wilmington […]

Dec 2, 2019

Bankruptcy: Failure to Disclose Assets-Claim of Exemption-Bad Faith

The bankruptcy trustee appealed from the affirmance of the bankruptcy court’s grant of debtor’s amendment to his petition disclosing a possible interest in $30,000 in cash in a home safe and claiming that interest as exempt. Where a bankruptcy court could not use statutory or inherent sources of broad, general authority to contravene the specific […]

Nov 1, 2019

Civil Practice: Personal Jurisdiction-Long-Arm Statute-Bad Faith

Where a Kansas insurer sought a writ of prohibition directing the court to dismiss for lack of personal jurisdiction claims that included a bad-faith refusal to settle in a dispute arising from an auto accident in Missouri between a Missouri resident driving his Kansas daughter’s car, under Missouri’s long-arm statute the court could exercise jurisdiction […]

Jan 2, 2019

School Districts: IEP-Bad Faith

Where appellants challenged the grant of summary judgment to the defendant school district in a dispute involving a student’s individualized education program, the judgment is affirmed because the appellants did not show that the defendant acted in bad faith or with gross misjudgment in offering the plan. Judgment is affirmed. Doe v. Pleasant Valley Sch. […]

Nov 28, 2018

Insurance: Bad Faith-Burden of Proof

Plaintiff’s home burned, and defendant insurer denied the claim and canceled the policy. Plaintiff sued defendant for breach of contract and bad-faith denial/investigation. Where the district court did not improperly shift the burden of proof on the claim to defendant and plaintiff met his burden of proving a bad-faith claim under Nebraska law, the court […]

Jun 15, 2018

Attorneys :  Sanctions –  Bad Faith –  Child Custody Modification

Davis v. Wieland (MLW No. 71753/Case No. WD81032 – 20 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)

Apr 11, 2017

Insurance : Duty To Defend – Bad Faith – Insurer Status

Clayborne v. Enterprise Leasing Company Of St. Louis, LLC (MLW No. 70404/Case No. ED104661 – 11 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)

Dec 21, 2016

Insurance : Personal Injury Judgment – Refusal To Defend – Bad Faith

Allen v. Bryers (MLW No. 70029/Case No. SC95358 – 35 pages) (Supreme Court of Missouri, Draper, J.; Fischer, Stith and Russell, JJ., concur; Wilson, J., concurs in result in separate opinion filed; Breckenridge, C.J., concurs in opinion of Wilson, J.)

May 23, 2016

Insurance : Commercial Auto Policy – Failure To Settle – Bad Faith

Bamford, Inc. v. Regent Insurance Company (MLW No. 69173/Case No. 15-1968 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)

Jun 23, 2015

Insurance : Failure To Settle – Bad Faith – Third-Party Claims

Purscell v. Tico Insurance Co. (MLW No. 67962/Case No. 13-2362 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)

Dec 19, 2014

Insurance : Work Comp Claim – Denial Of Benefits – Bad Faith

Paulino v. Chartis Claims, Inc. (MLW No. 67268/Case No. 13-3732 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Dec 9, 2014

Insurance : Refusal To Settle – Bad Faith – Equitable Subrogation

Scottsdale Insurance Company v. Addison Insurance Company (MLW No. 67235/Case No. SC93792 – 24 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)

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