Insurance: Uninsured-Motorist Coverage-Diversity Action-Declaratory Judgment
Defendant appealed from the denial of his motion for summary judgment and the grant of plaintiff’s cross-motion for summary judgment in a declaratory-judgment action relating to uninsured-motorist-coverage benefits. Where the district court correctly interpreted Missouri law governing UM benefits, it properly granted plaintiff summary judgment. Judgment is affirmed. GEICO Casualty Company v. Wal[...]
Sales rep wins disputed commissions from employer
A former sales representative for a telecommunications company won a jury verdict for commissions he claimed were due to him. “Our guy contended that [he] was underpaid for his commissions while he was with Hale Communications, and then Hale Communications just stopped paying him altogether after he left,” said Michael Daming of Wasinger Daming. “He […]
Civil Practice : Jurisdiction – Declaratory Judgment – Apprehension of Suit
U.S. Water Services, et al. v. ChemTreat Inc (MLW No. 68116/Case No14-3057 – 18 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)
Insurance : Declaratory Judgment – Attorney’s Fees – Breach of Fiduciary Duty
Henry v. Farmers Insurance Co., Inc. (MLW No. 66681/Case No. WD76953 – 19 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Jury says insurer doesn’t have to pay for restaurant fire loss
A Cape Girardeau federal judge this month added $109,000 in attorneys’ fees to a verdict that let an insurer off the hook for a claim over a fire that destroyed a southeastern Missouri restaurant.
Civil Practice : Subject Matter Jurisdiction – Declaratory Judgment – Partnership Dispute
Clark v. Francis (MLW No. 65673/Case No. WD75829 – 14 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)
Civil Practice: Declaratory Judgment – Proper Party To Sue – Attorney General
Riggs v. Koster (MLW No. 64730/Case No. WD74767 – 6 pages) (Missouri Court of Appeals, Western District, Newton, J.)
Insurance: Declaratory Judgment – Cattle Loss – Exclusion
Grinnell Mutual Reinsurance Company v. Schweiger, et al. (MLW No. 63915/Case No. 11-3084 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Civil Practice: Declaratory Judgment – Dismissal – Adequate Remedy
Schaefer, et al. v. Koster (MLW No. 62320/Case No. SC91130 – 13 pages) (Supreme Court of Missouri, Teitelman, J.; Price, C.J., Russell, Wolff, Breckenridge and Stith, JJ., concur; Fischer, J., dissents in separate opinion filed)
8th U.S. Circuit Court of Appeals: Constitutional
Roark, et al. v. South Iron R-1 School District, et al. (Case No. 08-1847 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.) First Amendment – Bible Distribution – Declaratory Judgment Where a Missouri district court enjoined an Iron County school district from allowing the distribution of Bibles to elementary school children on […]
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