A Gasconade County jury has decided a painting contractor was not negligent in connection with a fire that the plaintiff alleged was caused by spontaneous combustion of debris from a sander. “There was really no issue as to the damages,” ...

Tagged with: C&C Painting Childress Ahlheim Cary Evans & Dixon Gasconade County Insurance State Farm Insurance

  Plaintiff appealed from the district court’s grant of declaratory judgment to defendant, plaintiff’s auto insurer, after defendant refused to convey UIM coverage following plaintiff’s car accident, pursuant to the definition of an underinsured motorist and the anti-stacking provision in ...

Tagged with: Insurance Limits on Coverage motor vehicle accident underinsured motorist coverage

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

Plaintiff filed a declaratory-judgment action against defendant, its insured, seeking a ruling that it was not obligated to defend and indemnify defendant in a class-action suit against defendant. The district court ruled that the scope of plaintiff’s policy did not ...

Tagged with: diversity jurisdiction Duty to Defend and Indemnify Insurance Notice of Nonrenewal

Plaintiff applied to defendant, her disability insurer, for disability benefits. Defendant concluded that “mental disorders” caused plaintiff’s disability, which limited plaintiff to two years of benefits under her plan. Plaintiff filed suit against defendant but the district court granted summary ...

Tagged with: Disability Insurance Insurance Limitation on Benefits Underlying Cause of Disability

Plaintiffs filed a putative class action challenging defendant’s practice of withholding labor depreciation from actual cash-value payments under defendant’s replacement-cost homeowner- insurance policies. The district court granted plaintiffs’ motion for class certification. On appeal, defendant argued that plaintiffs could not ...

Tagged with: class certification Deduction of Labor Depreciation Insurance Replacement Replacement-Cost Homeowner’s 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

Where a driver injured in an auto accident argued that he was entitled to motor-vehicle insurance coverage under a temporary binder of insurance issued to him by insurer, summary judgment for the insurer is reversed and remanded because there was ...

Tagged with: Coverage Limits Insurance Specified Dollar Amount Underinsured Motorist

Plaintiff’s home burned, and defendant insurer denied the claim and canceled the policy. Plaintiff sued defendant for breach of contract and bad-faith denial/investigation. Where the district court did not improperly shift the burden of proof on the claim to defendant ...

Tagged with: bad faith Burden Of Proof Insurance

The district court affirmed the denial of disability insurance benefits and supplemental security income sought by Gammage. Where substantial evidence on the record as a whole supported the decision and the ALJ’s credibility findings were entitled to deference, the district ...

Tagged with: Credibility Determinations Insurance Substantial Evidence

A Clay County jury has awarded an Excelsior Springs man $11 million in his bad-faith suit against American Family Insurance Co. The jury returned the verdict Nov. 8 following a four-day trial. The jury unanimously awarded Paul Skow $1 million ...

Tagged with: American Family Insurance Clay County Insurance