Legal Articles

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…

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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