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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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Collateral Source Rule

Tort damages are designed to be compensatory in nature and make a party whole. The collateral source rule is an exception to this rule. It provides that a wrongdoer is not entitled to have the damages to which he/she is liable reduced by the fact that plaintiff has received or will receive compensation or indemnity for […]

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Duty to Defend: Insurance Contracts/Policies & Indemnification

Under Missouri law, insurance companies generally have two (2) responsibilities under an insurance policy: (1) a duty to defend and a (2) duty to indemnify. With the duty to defend, that means that an insurance company must hire legal counsel to defend the insured in a legal proceeding. With the duty to indemnify, that means […]

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Negligent Failure to Procure Insurance

Most think of insurance disputes as relating to the nature and extent of coverage (e.g., uninsured motorist and underinsured motorist) or how much of the policy limits should be paid. There are circumstances, however, when the incorrect insurance is obtained and a claim  exists against the insurance agent/broker. An insurance agent/broker who is tasked with […]

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Equitable Garnishment, Insurance

It is one thing to receive a monetary judgment from a judge/jury and it is an entirely different thing to be able to collect any money from that judgment. The latter is more difficult than most realize. What can make collection  easier, however, is when an insurance policy is required to cover the liability for […]

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