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,…
Legal Articles
Negligence
I hear it all the time…” So and so has been negligent, and thus I am entitled to money for compensatory damages and some punitive damages.” At which point I have to stop him or her and say that “negligence” has a special, nuanced meaning in the law. Very generally speaking, negligence occurs when (1)…
Uninsured Motorist Insurance
Most States (if not all) require drivers to have car insurance. It is made a condition of driving in a given State. However, State legislators are not foolish. They know that a good amount of people drive without car insurance. So, legislators had to ask themselves what protections exist for a driver who is hit…
Missouri Workers' Compensation Terminology
One of the more maddening aspects of workers’ compensation law in Missouri is the constant acronyms and terminology that is used. The Missouri Workers’ Compensation statutes, 287.020-287.430, RSMo, are littered with terms of art and phrases that are often confusing. Consequently, it is vital if you are an individual seeking compensation for injuries suffered at…
Insurance Liens and Subrogation
Say you are hurt in a car accident. The driver who hit you is completely at fault. You have the police report saying he/she is at fault and all of your medical records. You either hire an attorney or deal with the at-fault driver’s insurance company directly. Then, when you’re trying to resolve your claim…
Workers' Compensation
I get a good amount of questions pertaining to the procedures for workers’ compensation law. Rather than reinvent the wheel, here is an article put forth by the Missouri Bar. It touches on the main points. — What is the Workers’ Compensation Law? All states have workers’ compensation laws. The Missouri Workers’ Compensation Law is…