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Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage
Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory-judgment action. P.B. was killed in a motor-vehicle accident with his grandmother Dawn Chiodo and Chiodo’s daughter Dylan Bailey; all three resided together. After a settlement, defendant filed a claim for […]
Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage
According to a personal injury lawyer the district court properly applied the statutory definition of an “insured,” there was no error in denying defendant’s claim for UIM benefits. Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory judgment action. P.B. was […]
Negligence: Personal Injury-Underinsured Motorist Coverage-Heightened Duty of Care
Plaintiff was seriously injured after falling from the trunk of a car driven by her friend, Samantha Denault. This caused for her to hire a personal injury attorney. After recovering from Denault’s insurer, plaintiff filed an underinsured motorist claim with defendant, who had issued a policy to plaintiff’s father. In an initial appeal, the court […]
Jurors find for motorist against his own insurer, award $492,275
A St. Louis jury found nearly half a million dollars in damages for a motorist involved in a traffic accident, though the award figure was reduced to the limits of his UIM policy. According to court documents, the case stemmed from a December 2012 collision on a St. Charles County road. Douglas Heaton was stopped […]
Insurance: Underinsured-Motorist Coverage-Exhaustion of Coverage Limits-Stacking
Plaintiff appealed from the dismissal of her claim against defendant, her insurer. Plaintiff suffered severe injuries in a car accident and sought coverage under her underinsured-motorist coverage when the other driver’s policy limits were too low to cover her losses. Defendant paid the policy maximum, but plaintiff demanded three times that amount because her family […]
Insurance: Underinsured-Motorist Coverage-Commercial Auto Policy-Denial of Coverage
Defendant, widow of an individual killed while driving a truck for his employer insured by plaintiff, filed a claim with plaintiff for UIM benefits. Plaintiff filed the present declaratory-judgment action. The trial court granted plaintiff’s summary judgment motion, ruling that the other driver’s vehicle was not an “underinsured motor vehicle” under plaintiff’s policy. Where state [&hell[...]
Insurance Law: Auto Insurance-Underinsured Motorist Coverage-Stacking of Coverage
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, subsequent policy references to “other insurance” meant different insurance co[...]
Insurance: Motor-Vehicle Accident-Underinsured Motorist Coverage-Limits on Coverage
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 plaintiff’s policy. Where the premiums paid for each additionally covered vehicle purchased UIM c[...]
Insurance : Underinsured Motorist Coverage – Wrongful Death – Ambiguity
Seaton v. Shelter Mutual Insurance Company (MLW No. 72108/Case No. ED105895 – 7 pages) (Missouri Court of Appeals, Eastern District, Page, J.)
Insurance : Underinsured Motorist Coverage – Liability Coverage
Swadley v. Shelter Mutual Insurance Co. (MLW No. 70300/Case No. SDC95844 – 6 pages) (Supreme Court of Missouri, Fischer, J.; Breckenridge, C.J., Stith, Wilson and Russell, JJ., concur; Draper, J., dissents)
Insurance : Auto Accident – Underinsured Motorist Coverage – Owned-Vehicle Exclusion
Maxam v. American Family Mutual Insurance Company (MLW No. 69789/Case No. WD79408 – 9 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)
Insurance : Underinsured Motorist Coverage – Ambiguity
Swadley v. Shelter Mutual Insurance Company (MLW No. 69449/Case No. SD34129 – 17 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
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- Probate : Revocable Trust – Amendment – Reformation
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- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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