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Insurance: Duty to Defend and Indemnify-Diversity Jurisdiction-Notice of Nonrenewal
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 cover the claims against defendant. On appeal, the class representative in the underlying class action […]
Insurance: Disability Insurance-Underlying Cause of Disability-Limitation on Benefits
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 judgment to defendant. Where plaintiff’s medical record lacked objective findings supporting [...]
Insurance: Replacement-Cost Homeowner’s Insurance-Deduction of Labor Depreciation-Class Certification
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 demonstrate predominance and superiority because each plaintiff[...]
Insurance: Duty to Defend-Individual vs. Official Capacity-Policy Exclusion
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 defend plaintiffs. Where liability arose solely from plaintiff’s contract and defendant’s policy excluded claims for […]
Insurance: Underinsured Motorist-Coverage Limits-Specified Dollar Amount
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 no specified dollar amount attributed to the underinsured motor vehicle coverage limits within the binder […]
Insurance: Bad Faith-Burden of Proof
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 and plaintiff met his burden of proving a bad-faith claim under Nebraska law, the court […]
Insurance: Substantial Evidence-Credibility Determinations
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 court’s decision was affirmed. Judgment is affirmed. Gammage v. Commissioner, Social Security Administration (MLW No. [&h[...]
Bad-faith claim results in $11M verdict
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 in actual damages. Nine of the twelve approved $10 million in punitive damages. Skow was […]
Insurance: Breach of Contract- Failure to Notify- Indemnification
Defendant canceled a homeowners’ Insurance policy for nonpayment and notified LexisNexis of the cancellation, pursuant to an agreement to notify mortgagees of actions taken against defendant’s policies. When the formerly insured home suffered a fire, the mortgagee filed suit, arguing defendant was liable for the loss under its policy. Defendant unsuccessfully sought indemnity from LexisNexis [[...]
Insurance: Fire Loss- Damages- Prejudgment Interest
Where a homeowner who suffered a partial fire loss challenged a directed verdict against her on her claims for the structure, personal property and prejudgment interest, the homeowner failed to make a submissible case on the issue of damages on her structure claim, and the directed verdict was also appropriate on the personal-property claim because […]
Insurance: Homeowners’ Insurance- Coverage- Vexatious Refusal to Pay
Plaintiffs appealed the grant of summary judgment to plaintiffs’ homeowners insurer after their insurer declined to pay losses arising from the construction of an addition to plaintiffs’ residence. Plaintiffs challenged the circuit court’s conclusion that there was no coverage under plaintiffs’ policy for their loss and finding no vexatious refusal to pay by the insurer. […]
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.�[...]
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
- Missouri Lawyers Media’s legal coverage commended
- 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
