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Monthly Archives: December 2016

Insurance Applications, Void/False Applications

Insurance applications allow the insurance company to evaluate the potential risk associated with a proposed insured. For this reason, applications are often detailed and fact specific so that the insurance actuaries can appropriately weigh whether coverage should be granted and the amount of the premium(s). When an insured provides false information on an insurance application, […]

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Necessary Parties in Litigation

It is required that all parties with a legal interest in the subject matter of the litigation be joined as parties. Alvino v. Alvino, 659 S.W.2d 266, 269 (Mo. Ct. App. 1983). This is true even if there are no claims of wrongdoing directed at a party. By way of example, if there is a lawsuit […]

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Exclusive Dealings Contracts, Anti-trade, Monopolies

The law in Missouri regarding employer-employee restrictive covenants (ie., non-compete agreements, non-solicitation agreements and confidentiality agreements) is well developed. Those agreements are generally enforceable if they protect an employer’s legitimate interests against unfair competition. The law in Missouri regarding “exclusive dealings” agreements between businesses, however, is not as clearly defined.  An “exclusive dealings” agreement is […]

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Spousal Abandonment, Probate Inheritance

Sometimes very unexpected developments can occur in probate litigation. This is largely because there are very unique probate laws in Missouri. For example, a spouse who “abandons” a deceased spouse waives any inheritance interest he or she may have in the deceased spouse’s estate. Specifically, Section 474.140, RSMo provides that:    If any married person […]

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Service of Process, Summons, Jurisdiction

The law generally requires the best notice possible under the circumstances in order to render binding orders or judgments regarding a person or entity. This is why, subject to many exceptions, someone must be served with a lawsuit/summons personally. The summons is the means by which the defendant is subjected to the jurisdiction and judgment […]

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