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Bad Faith Refusal to Settle

Though rarely asserted, there is such a claim as suing an insurance for bad faith for failure to settle a claim.¬†Zumwalt v. Utilities Insurance Co., 228 S.W.2d 750, (Mo. 1950). This is technically different than a statutory vexatious refusal to pay claim. What constitutes “bad faith” for purposes of this claim? As a general matter, […]

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Exculpatory Trustee Clauses

Being a trustee is a difficult job. The trustee owes a litany of fiduciary duties to the beneficiaries, but the beneficiaries do not have any similar duties to the trustee. It is a one way street. The job is made all the more difficult depending on the terms of a particular trust instrument. To make […]

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