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equitable garnishment

Jan 17, 2020

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 insurer did not violate its duty to defend, and the insurer was not responsible for […]

Dec 26, 2019

Insurance: Equitable Garnishment-Ambiguity

Where insurers challenged a partial summary judgment to respondent awarding an equitable garnishment of more than $5 million to respondent in a dispute arising from respondent’s claims of malicious prosecution and civil-rights violations against a city and police defendants, the trial court did not err in finding that the policy language unambiguously provided coverage for […]

Jun 10, 2019

Insurance: Covered Occurrence-Equitable Garnishment-Sanctions

(1)Where plaintiff car buyers secured a judgment in an action alleging fraudulent misrepresentation under the Missouri Merchandising Practices Act against defendants and the defendants’ insurer was sued after denying coverage of the original MMPA action, an equitable garnishment judgment entered against the insurer is reversed and remanded because the conduct which was the basis for […]

Oct 1, 2018

Insurance: Business-Liability Policy- Equitable Garnishment- Duty to Indemnify

Plaintiffs appealed from the grant of summary judgment to defendant on plaintiffs’ equitable garnishment action, after plaintiffs obtained a judgment against defendant’s insured, after defendant denied coverage under a business-liability policy. Plaintiffs argued defendant had a duty to defend its insured, whose failure to deliver college degrees to plaintiffs constituted “property damage.�[...]

Aug 20, 2018

Insurance : Equitable Garnishment –  Omnibus Insurance Clause – Permissive User

Griffitts v. Old Republic Insurance Company (MLW No. 71809/Case No. SC96740 – 11 pages) (Supreme Court of Missouri, Wilson, J.; all concur)

May 21, 2018

Domestic Relations : Settlement Agreement –  Personal Injury Proceeds –   Equitable Garnishment

Baker v. Baker (MLW No. 71665/Case No. WD80906 – 8 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)

Oct 12, 2017

Insurance : Equitable Garnishment – New Home Defect – ‘Occurrence’

Davies v. Barton Mutual Insurance Company (MLW No. 71098/Case No. SD34857 – 10 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)

Sep 29, 2017

Negligence :  Auto Accident – Equitable Garnishment –  Permissive Use

Griffitts v. Old Republic Insurance Company (MLW No. 71053/Case No. SD34753 – 18 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)

Nov 23, 2016

Insurance : Auto Accident – Equitable Garnishment – Notice

Lu v. Automobile Club Inter-Insurance Exchange (MLW No. 69920/Case No. ED104197 – 14 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.)

May 28, 2015

Insurance : Equitable Garnishment – Vexatious Refusal – Exclusions

Minden v. Atain Specialty Insurance Company (MLW No. 67843/Case No. 14-1112 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)

Apr 1, 2015

Insurance : Equitable Garnishment – Collateral Source Rule – Collateral Estoppel

McDonald v. Insurance Company of the State of Pennsylvania (MLW No. 67606/Case No. WD77854 – 13 pages) (Missouri Court of Appeals, Western District, Welsh, J.)

Mar 23, 2015

Insurance : Motor Carrier Act – Equitable Garnishment – Missouri Law

Tri-National, Inc. v. Yelder (MLW No. 67575/Case No. 14-1595 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

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