Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: Missouri

No claim of bad faith or breach of contract against rental car company where insurance was declined — Missouri

Posted in Contractual Liability, Duty to Defend, Insurance Bad Faith
In Clayborne v. Enterprise, Parker rented a car from Enterprise.  Parker declined insurance coverage and supplemental insurance when he rented the car.  Then he was in an accident and hit Clayborne.  Enterprise declined to defend the subsequent suit which Parker claimed was bad faith.  But summary judgment to Enterprise was affirmed.  Enterprise and ELCO (Enterprise’s… Continue Reading

Criminal Acts exclusion did not apply to negligent conduct even if the conduct leads to a criminal conviction — Missouri

Posted in Contractual Liability, Insurance Bad Faith
In Pitt v. Leonberger, the Missouri Court of Appeals ruled that the criminal conduct exclusion did not apply. Leonberger, a school bus driver, struck and killed Pitts’ son.  The insurer, Missouri United School Insurance Council (MUSIC), accepted liability and even hired an attorney to represent Leonberger when a criminal charge of negligent homicide was filed against… Continue Reading

No coverage for contaminated water claim at mobile home park, 8th Circuit, Missouri

Posted in Duty to Defend
In Williams v. Employers Mutual Casualty Co., the issue was insurance coverage for claims for contaminated drinking water at a mobile home park. There was no coverage for the claims because the insurance policies’ pollution exclusions excluded coverage for “‘[b]odily injury’ or ‘property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage,… Continue Reading

Third Party Has Standing to Claim Benefits –Missouri

Posted in Contractual Liability
In Blankenship v. Old Missouri Insurance Company, the Missouri Court of Appeals reversed summary judgment for the insurance company, and found that a third party beneficiary had standing to bring a direct action against the insurance company.  The plaintiff was a farm worker, claiming entitlement to medical payments (med pay) coverage and liability coverage under… Continue Reading

Misrepresentations in personal property valuation voids entire policy 8th Circuit, Missouri

Posted in Contractual Liability
In Neidenbach v. Amica Mutual Insurance Company, the personal property coverage in plaintiff’s  Neidenbach’s homeowner’s policy was void under the policy’s “Concealment of Fraud” provision because the plaintiffs intentionally misrepresented the value of their personal property in their proof of loss; the misrepresentation voided the entire policy, including the portions covering loss of their dwelling.… Continue Reading

Owned vehicle exclusion, underinsured motorist coverage, 8th Circuit, Missouri law

Posted in Contractual Liability, Vehicle
Walker v. Progressive Direct Ins. Co. Steve Walker died in a motorcycle accident. After his widow settled against the tortfeasor for policy limits of $25,000, she sought underinsured motorist coverage UIM under two Progressive Auto Policies insuring the Walkers’ six other cars. The trial court granted Progressive’s motion for summary judgment, concluding that the policies’… Continue Reading

Wrongful Death action not preempted by Arbitration agreement — Missouri

Posted in New Case
In Granger vs. Rent-A-Center, Inc., Granger sued Rent-A-Center (RAC) for the wrongful death of his father, (Johnson) who was killed by a former employee of RAC.  The former RAC employee Eric Patton, “posed”as an employee of RAC, used his RAC identification, apparent authority, and previous in-home relationship with Johnson to gain entry into Johnson’s home.… Continue Reading

Insured contract provision puts insurer on the hook — ED Missouri

Posted in Contractual Liability
In Federal Insurance Co. v. Great American, 4:14CV1730 HEA, 2016 WL 5661623, (E.D. Mo. Sept. 30, 2016) the issue was priority of payment under various policies issued to Whispering Lake (Owner) and Yarco (Managing Agent). Owner agreed to indemnify Yarco in its agreement. Federal claimed this made the contract an insured contract and that Great… Continue Reading

Paid vs incurred means $1 verdict ok, Missouri

Posted in New Case
In Walker vs. Kelley, Walker was rear-ended by Kelly and got some treatment.  Before and after the accident, Walker had jobs which required strenuous physical labor.  There was evidence that Walker was billed $25,000 for medical treatment after the accident, and that these bills were satisfied by payment of about $11,000.  The jury found for… Continue Reading

OK to limit family member UM coverage to family members who do not own autos — Missouri

Posted in New Case
In Taylor vs. Owners Insurance Company, Taylor wanted coverage from Owners Insurance under his mother’s policy.  But the policy only provided coverage to members of the insured’s household who do not own their own cars.  Taylor owned his own cars and thus was not entitled to coverage. The trial court’s summary judgment to Taylor was… Continue Reading

Missouri under-insured motorist coverage did not apply where liability limits were higher than UIM limits 8th Circuit

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Burger v. Allied Property and Cas. Ins. Co., Burger was injured in a car accident.  The other driver paid Burger the policy limits of $100,000 for damages, but Burger had additional damages so she made a claim against Allied for underinsured motorist coverage.  Summary judgment to Allied was affirmed.  The policy defines an “underinsured… Continue Reading

Reinsurance arbitration clause invalidated; Missouri law

Posted in Contractual Liability, Duty to Defend, Insurance Bad Faith, New Law
In Leonberger v. Missouri United School Insurance Council, a bus driver accidentally killed a student after he left the bus.  There was a lawsuit, and the criminal acts exclusion was raised after the driver pled guilty to the charge of second-degree involuntary manslaughter. After the student’s parents got an $11.5M judgment, the driver sued the… Continue Reading

Named peril policy — Ensuing Loss Coverage Disputed — Missouri law

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Bolinger vs. Clarks Fork Mutual Insurance Company,  Clarks Fork Insurance did not pay for the collapse of the Bolingers’ turkey barns after a winter storm.  The insurer said the policy didn’t cover the claim.  Summary judgment to the insureds was reversed. The Bolingers claimed that since the policy did not exclude collapse, it must be… Continue Reading

Underinsured Coverage Ambiguous because of declarations page — Missouri law

Posted in New Case
In Nationwide Ins. Co. of America v. Thomas, the court found that contradictory policy language entitled Thomas to recover excess damages. Thomas was injured as a passenger in an automobile accident. Thomas’ damages exceeded $150,000.00. The driver of the vehicle that struck Thomas had automobile liability insurance with a bodily injury liability of $100,000 per… Continue Reading

Underinsured Motorist Coverage stacked where policy was ambiguous — Missouri law

Posted in New Case
In Martin v. Auto Owner’s Insurance, summary judgment to the insurance company was reversed by the Missouri Court of Appeals. Dylan, a minor, was struck by Loyd when Dylan was crossing the road to board a school bus. Dylan’s damages exceeded $300,000, and Loyd’s paid $100,000. Dylan’s parents, the Martins, had underinsured motorist coverage (UIM)… Continue Reading

Wrongful repossession does not include wrongful sale; 8th Circuit, Missouri law

Posted in Contractual Liability, Duty to Defend, Insurance Bad Faith, New Case
In Wolfe Automotive v. Universal Underwriters, Wolfe repossessed the Jacksons’ car when they missed payments. The Jacksons sued, claiming that Wolfe violated state law by requiring the Jacksons to pay $25 for an accounting, when they were entitled to a free accounting under Missouri law. Wolfe had an insurance policy with Universal which covered wrongful… Continue Reading

Insurance Declarations Page Conflicted with Other Provisions causing ambiguity Missouri law

Posted in New Case
In Simmons v. Farmers Insurance, the declarations page or dec page said there was underinsured motorist coverage of $50,000 per person ($100,000 per accident), without any further limitation stated.  The definitions section of the policy defined an underinsured vehicle as one where the bodily injury liability limits are less than the liability limits under this… Continue Reading

Failure to advise of cancer diagnosis after application and before policy was issued voids policy — ERISA / 8th Cir Missouri

Posted in Contractual Liability, New Case
In Yafei Huang v. Life Ins. Co. of North America, 8th Cir. Missouri, Liu, the insured, sought life insurance and supplemental life insurance through his employer’s ERISA plan.  The supplemental life insurance application required the applicant to report any health changes before the insurance became effective to the insurer.  In December, 2009, a month after… Continue Reading