The Missouri Court of Appeals Western District ruled May 31 that an insurer is on the hook for part of a $4.5 million judgment despite its claim that the underlying policy was obtained fraudulently.

Tagged with: Insurance Law Western District

The trial court concluded that plaintiffs’ four auto insurance policies were ambiguous as to whether they permitted stacking of their respective underinsured-motorist coverage limits. Where the policies’ “limits of liability” sections, standing alone, unambiguously prohibited stacking of UIM coverage limits, ...

Tagged with: Auto Insurance Insurance Law Stacking of Coverage underinsured motorist coverage

Where a mother and child, who were allegedly injured during delivery, each brought claims against a doctor that were resolved through a confidential settlement agreement, and the doctor’s insurer argued that the plaintiffs’ claims were subject to a single liability ...

Tagged with: Insurance Law Liability-Limit Clause Medical-Malpractice Policy ‘Medical Occurrence’

  A prime contractor on a government contract obtained payment and performance bonds from defendant. Thereafter, the parties agreed to terminate the prime contract and defendant agreed to complete the contract. The government ultimately sued the parties on behalf of ...

Tagged with: Government Contract Insurance Law Performance Bond Successor Standing

(1)Where  a car buyer challenged the denial of insurance coverage on her claim that an auto dealer committed fraudulent misrepresentation, the judgment is affirmed in part because the policy unambiguously did not provide coverage for the intentional-fraudulent-misrepresentation claim, and the ...

Tagged with: Denial Of Coverage Fraudulent Misrepresentation Insurance Law tortious interference

Defendant provided plaintiff a total-loss policy for plaintiff’s motorcycle, which required that “legal action relating to coverages” had to be brought “within one year immediately following the date of the accident or loss”. When plaintiff had a total loss in ...

Tagged with: Failure to Pay Under Policy Insurance Law Motorcycle Policy Physical-Damage Coverage

  Where an employer sought contribution under an excess-liability policy for a claim brought by the estate of an employee killed in a workplace accident, the judgment is affirmed because the district court did not err in finding that the ...

Tagged with: Excess Coverage Insurance Law Workplace Accident

32nd Street Surgery Center, LLC v. Right Choice Managed Care (MLW No. 699097/Case No. 15-1727 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: Group Health Policies Insurance Law Rates Vexatious Refusal

American Family Mutual Insurance Company v. Donaldson (MLW No. 69096/Case No. 15-1465 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)

Tagged with: auto accident Cooperation Clause Insurance Law Umbrella Policy