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Tag Archives: duty to defend

Insurance: Duty to Defend-Policy ‘Occurrence’-Negligent Misrepresentation

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 ...

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Negligence: Medical Malpractice-Equitable Garnishment-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 ...

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Insurance: Time Of Tender-Potential For Coverage-Duty To Defend

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 ...

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Insurance: Duty to Defend-Individual vs. Official Capacity-Policy Exclusion

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 ...

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