Plaintiffs suffered damage to part of their home’s roof. Plaintiffs disputed the damage amount determined by defendant, their insurer, and demanded appraisal for a binding amount of loss. The appraisers merely calculated replacement of the entire roof, because replacement products ...

Tagged with: homeowners' insurance Insurance Mismatching Issue Roof Damage

Where an apartment owner argued that it should receive the policy limit following a fire that destroyed one building and damaged two others, the owner did not suffer a “total loss of the property insured” under the Missouri valued-policy statute, ...

Tagged with: Fire Damage Insurance Missouri Law Valued-Policy Statute

  Where homeowners’ insurer brought subrogation claims against an electric utility, arguing that the utility’s equipment caused the fire damage to the homeowners’ property, the district court erred in finding that the insurer lacked standing because it did not obtain ...

Tagged with: Fire Damage Insurance Made-Whole Doctrine Subrogation

Where the widow of a man killed in a drive-by shooting sought damages under the uninsured-motorist provisions of the couple’s automobile liability policy, the district court properly granted summary judgment to the insurer because any liability of the uninsured motorist ...

Tagged with: Drive By Shooting Insurance Missouri Law Uninsured Motorist

A case involving an accident with a phantom vehicle has been resolved with a judgment against the injured party’s insurer. “On the highway, my client was rear-ended, and the vehicle subsequently drove off,” said Shannon Dawson of Dawson Law Firm. ...

Tagged with: Insurance

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

Where a truck-rental company brought a declaratory-judgment action arguing that it did not have a duty to defend or indemnify a driver who rented a truck and admitted to staging an accident for the submission of fraudulent claims with the ...

Tagged with: Collateral Estoppel duty to defend fraud Insurance

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