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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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Insurance Policies: Disputes, Breach

The basic operation of an insurance policy is that you pay an insurance company a monetary premium in exchange for its legal obligation to protect, hold harmless, and indemnify you within set parameters. Take a car insurance policy, for instance. You pay a set premium (the amount of which is based upon, among other things, […]

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Vexatious Refusal and Prejudgment Interest

In Missouri, there is a specific statutory section which penalizes insurance companies that handle claims in bad faith. Section 375.420, RSMo, provides the following: “In any action against any insurance company to recover the amount of any loss under a policy of automobile, fire, cyclone, lightning, life, health, accident, employers’ liability, burglary, theft, embezzlement, fidelity, […]

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