Where appellant homebuyer, who brought claims of negligent misrepresentation and claims under the Missouri Merchandising Practices Act against the sellers after the buyer experienced water damage in the  home’s basement, challenged a declaration in favor of the insurer finding that ...

Tagged with: duty to defend negligent misrepresentation Policy Occurrence

Where a general contractor asked its insurer to defend it in an action arising from the construction of an apartment complex, the claims did not clearly fall outside the scope of the coverage, and the alleged damage from the leaky ...

Tagged with: Construction Project duty to defend

Where a woman, who developed an infection following a tummy-tuck surgery, sought an equitable garnishment from a health care insurer to satisfy a $500,000 judgment against her doctor, the judgment is affirmed because the trial court properly determined that the ...

Tagged with: duty to defend equitable garnishment medical malpractice Personal Injury & Torts Law

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 a condominium developer sued its insurer claiming the insurer wrongfully denied coverage for the defense and indemnity of a lawsuit brought against the developer for defective construction based on water damage, the grant of summary judgment for the insurer ...

Tagged with: Business Policy duty to defend Insurance Water Damage

Where a truck-rental company brought a declaratory-judgment action arguing that it did not have a duty to defend or indemnify a driver who rented a truck and admitted to staging an accident for the submission of fraudulent claims with the ...

Tagged with: Collateral Estoppel duty to defend fraud Insurance

Plaintiffs filed suit against defendant, alleging it owed a duty to defend them from an underlying breach-of-contract suit pursuant to an insurance policy upon the corporate plaintiff. The district court granted defendant summary judgment, ruling it had no duty to ...

Tagged with: duty to defend Individual Individual vs. Official Capacity Insurance Policy Exclusion

The View Home Owners Association v. The Burlington Insurance Company (MLW No. 71630/Case No. WD80790 – 11 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)

Tagged with: CGL policy duty to defend Indemnify Insurance

The Doe Run Resources Corporation v. American Guarantee & Liability Insurance (MLW No. 71152/Case No. SC96107 – 13 pages) (Supreme Court of Missouri, Russell, J.; all concur)

Tagged with: duty to defend Insurance Pollution Exclusion Toxic Tort Claim

County of Scotland v. Missouri Public Entity Risk Management Fund (MLW No. 71111/Case No. WD80518 – 18 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Tagged with: duty to defend Indemnification Insurance inverse condemnation

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.)

Tagged with: bad faith duty to defend Insurance Insurer Status