Free Newsletter
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 […]
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 […]
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 […]
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.�[...]
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)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
