News & Events

Alerts

  • August 16, 2017

    In Wilson v. P.B. Patel, MD., P. C., et al, Plaintiff Wilson brought a medical malpractice lawsuit a doctor and his practice group. Plaintiff appealed a verdict in favor of the Defendants alleging that the trial court abused its discretion by refusing to give a proposed withdrawal jury instruction regarding her alleged informed consent to the medical procedure.

  • July 12, 2017

    In Wilson v. Dura-Seal and Stripe, Inc., a school district hired Dura-Seal on an oral contract to construct an asphalt overlay of a drive lane near the auditorium of one of the district's schools.

  • June 14, 2017

    In Maher Brothers, Inc. (Appellant) v. Quinn Pork, LLC (Quinn) and State Farm Insurance Company (State Farm), Appellant contracted with Quinn for daily care and management of Appellant's pigs placed in Quinn's facility.

  • May 10, 2017

    In Clayborne v. Enterprise Leasing Co. of St. Louis, et al, Carlus Parker (Appellant) rented a Ford Escape from Enterprise under a written rental agreement, declining to purchase insurance coverage from Enterprise and declining an option to purchase supplemental liability protection, which would have included excess insurance from a third party insurance company.

  • April 11, 2017

    Missouri Governor Eric Greitens signed into law in late March a bill which will take effect August 28th in Missouri state courts.

  • March 8, 2017

    In Owners Insurance Company v. Parkinson, et al., a car dealership provided a Ford Taurus as a loner car to an individual for use as a temporary vehicle while his vehicle was undergoing repairs. Later, the son of the individual to whom the car was loaned was driving the Taurus and was involved in a wreck. Several people in the other vehicle were injured and one individual died as a result of injuries sustained. The driver of the loaner car was determined to be at fault. Two passengers in the Taurus were also injured.

  • February 14, 2017

    The issue in Riggins v. American Family Mutual Ins. Co. centered around the carrier’s decision to depreciate labor costs to a covered claim for storm damage to the insured’s residence.

  • January 12, 2017

    In Franklin Allen v. Wayne Bryers, plaintiff Allen was injured in 2012 when defendant Bryers’ handgun discharged while removing Allen from an apartment complex. The gunshot severed Allen’s spinal cord, rendering him paraplegic. Bryers was never charged with any crime in connection with this incident. Allen sued Bryers and the apartment building for negligence in Circuit Court.

  • December 16, 2016

    In Neidenbach v. Amica Mutual Ins. Co., the Neidenbachs alleged that a fire caused significant damage to their house and personal property. They contend the insurance company refused to pay the claim whereas Amica concluded that the policy was void because of material misrepresentations made during the claim process.

  • November 16, 2016

    In the Doe Run Resources Corporation v. St. Paul Fire & Marine, et al., St. Paul appealed a trial court judgment which found that St. Paul had the duty to defend Doe Run in toxic tort lawsuits that underlie the appeal.

  • October 13, 2016

    In the case of Church Mutual Insurance Company v. Pleasant Green Missionary Baptist Church, Pleasant Green owned a building located in St. Louis, and had an insurance policy on the building through Church Mutual which contained a cancellation and non-renewal clause as well as exclusions for concealment, misrepresentation or fraud. The policy also contained an exclusion for “wear and tear,” continuous or repeated seepage or leakage of water that occur over a period of 14 days or more, and exclusions for faulty, inadequate or defective design or construction.

  • September 13, 2016

    In Boss v. Traveler’s Home & Marine Insurance Co., the policy holder filed a claim with his homeowner’s insurance company for hail damage to the roof, gutters and deck of his house. Coverage was not in dispute.

  • August 22, 2016

    As we noted in our Transportation Law News Alerts on August 1 and 2, the National Motor Freight Traffic Association (NMFTA) made major changes to the Uniform Straight Bill of Lading (USBOL) terms and conditions as published in the National Motor Freight Classification (NMFC) and the related rules in NMFC Item 360-B. The changes are contained in Supplement 2 to NMFC 100-AP effective August 13, 2016.

  • August 16, 2016

    In Hazelcrest III Condominium Association v. Bent, Hazelcrest obtained a judgment for breach of contract and negligence against the defendant in a case stemming from sewage backup that damaged two condominium units within the plaintiff’s complex.

  • August 4, 2016

    In addition to the changes to the NMFC Uniform Straight Bill of Lading noted in our Transportation Law News Alert on August 1, 2016, the NMFTA has also revised other provisions of the bill of lading terms and conditions.

  • August 2, 2016

    The National Motor Freight Traffic Association has just made substantial changes to the terms and conditions of the Uniform Straight Bill of Lading to be effective on August 13, 2016. On July 14, 2016 the NMFTA issued Supplement 2 to the National Motor Freight Classification NMFC 100-AP. The key changes directly affect claims against trucking companies for lost or damaged cargo.

  • July 18, 2016

    In Kretsinger Real Estate Co. et al. v. Amerisure Ins. Co., American Central Transport Inc. (ACT) planned to build a parking lot in Clay County, Missouri. Kretsinger and ACT hired Triad Construction to construct the parking lot. Triad subcontracted with City Cement to supply labor and material. City Cement purchased concrete from Fordyce Concrete. Construction was completed in February 2007. In May 2008, Kretsinger and ACT became aware that the parking lot was beginning to crumble, crack and deteriorate.

  • June 14, 2016

    In Neidenbach v. Amica Mutual Insurance Company, Dale and Kim Neidenbach filed a claim with their insurance company arising out of a fire in 2012. They that alleged they sustained a total loss to their home and personal belongings. The claim sought damages of approximately $375,000.00 to the dwelling and garage and personal property losses of approximately $262,500.00. Following this fire, Amica advanced the insureds a prepaid Visa card with $10,000.00 credit and also a check for $5,000.00, both for emergency expenses. Amica also expended money and resources for the investigation, adjustment, and evaluation of the insureds’ claim.

  • April 13, 2016

    In Park Reserve, LLC vs. Peerless Insurance Company, Peerless filed a motion for partial summary judgment arguing that a builder’s risk insurance policy issued to plaintiff did not provide coverage based on its clear and unambiguous terms.

  • March 9, 2016

    In Great Plains Ventures, Inc. v. Liberty Mutual Insurance, the plaintiff owned several manufacturing companies. Liberty Mutual issued an insurance policy on Great Plains Ventures (GPV)’s covered buildings and other property located in Wichita, Kansas.

  • February 10, 2016

    In Shelter Insurance Company v. Vasseur, et al, Shelter appealed from the trial court’s judgment against Shelter in a declaratory judgment matter, raising six points on appeal.

  • January 10, 2016

    In Roller v. American Modern Home Insurance Company, the insureds appealed the trial court’s declaratory judgment denying coverage for property damage to the Rollers’ garage caused by a fire started by Mr. Roller in a suicide attempt.

  • December 2, 2015

    In American Family Mutual Insurance Company v. Parnell, et al., the insurer appealed the Circuit Court's grant of summary judgment in favor of M.S., a minor, by and through her next friend and mother. The trial court determined that two homeowner insurance policies issued to the Parnells provided coverage for M.S.'s claim of negligent supervision against the Parnells. On appeal, the insurer contended that the two exclusions applied to bar coverage and the concurrent proximate cause rule was not applicable.

  • November 2, 2015

    Here is a case recently decided by the Kansas Supreme Court regarding two adult children's disinheritance from their father's will. They claimed that they were disinherited as a result of the inappropriate machinations of their stepmother and her daughter's boyfriend, and that this meant they should keep their inheritance. The district court agreed, the Court of Appeals reversed that decision, and then the Supreme Court reversed the Court of Appeals.

  • August 25, 2015

    In Purscell v. Tico Insurance Company Infinity Assurance Insurance Company, the Eighth Circuit Court of Appeals considered an appeal by Purscell following the granting of summary judgment to Infinity concluding the insurance company did not act in bad faith or in breach of any fiduciary duty it owed to Purscell.

  • August 4, 2015

    In Wilson v. American Family Mutual Insurance Company, Missouri Court of Appeals, Western District, the Wilsons purchased a "Gold Star" 100% replacement cost insurance policy from American Family to insure their historic farmhouse located in Buchanan County, Missouri. No one suggested to the Wilsons that they may need to purchase a policy with higher limits, nor did the Wilsons request such a policy.

  • June 24, 2015

    In Wiles v. American Family Life Assurance Company of Columbus (AFLAC), the Kansas Supreme Court discussed the insurance company's duties to conduct a good faith investigation of the facts surrounding a claim regarding an award of attorney fees under K.S.A. §40-256.

  • June 2, 2015

    In Apodaca v. Willmore, the Kansas Court of Appeals considered an issue of first impression in Kansas. The court was asked to decide whether the judicially created "Firefighters Rule" (previously referred to as the "Firemen's Rule") applies to law enforcement officers.

  • April 14, 2015

    In Tri-National, Inc. v. Yelder, et al., the U.S. Court of Appeals for the Eighth Circuit considered an issue of first impression in the Eighth Circuit: whether the federally-mandated Motor Carrier Act (MCA) of 1980 MCS-90 endorsement for motor carriers requires a tortfeasor's insurer to compensate an injured party when the injured party has already been compensated by its own insurance company. The U.S. Federal District Court for the Eastern District of Missouri decided that the MCS-90 endorsement requires such compensation and the Eighth Circuit agreed.

  • March 17, 2015

    In Dutton v. American Family Mutual Insurance Company, the Missouri Supreme Court considered the issue of whether, when an individual has purchased two separate policies of insurance, one on each of two automobiles owned, and only one of those owned vehicles is involved in an accident, the MVFRL requires the policy on the uninvolved vehicle to provide the minimum $25,000 statutory limit of liability, even though the accident vehicle was not listed as a covered vehicle, and even though the policy specifically excluded from coverage the insured's use of another owned but undesignated vehicle.

  • February 10, 2015

    In Smith v. Maryland Casualty Company, et al., the Missouri Court of Appeals Southern District analyzed issues of defense under reservation of rights in the context of possible waiver of insurance policy defenses.

  • January 14, 2015

    In the case of Scottsdale Insurance Company and Wells Trucking v. Addison Insurance Company and United Fire and Casualty Company, the Missouri Supreme Court en banc analyzed the question of whether an excess insurer who pays a third-party claim on behalf of its insured after a primary insurer refused, allegedly in bad faith to settle the claim has a right to obtain the amount paid from the primary insurer.

  • November 11, 2014

    In the case of Golden Rule Insurance Company v. Tomlinson, the Kansas Supreme Court focuses on the definition of what constitutes an agency in the context of an insurance agent, the nature and scope of an agent's authority, and the distinctions between an agent and a broker. This case arises out of a Kansas Insurance Department decision imposing sanctions on Golden Rule for alleged unfair claim settlement practices. The Insurance Department's final order was upheld by the district court and an appeal was taken.

  • September 9, 2014

    On September 9, 2014, the Missouri Supreme Court held that a punitive damages cap on a civil judgment to be unconstitutional. The offending statute, R.S.Mo. § 510.265, caps punitive damages at the greater of $500,000 or five times a net judgment. The statute and its limited actual-to-punitive damage ratio has been Missouri’s status quo since its passage during the height of tort reform in 2005.

  • July 15, 2014

    The Missouri Supreme Court recently reviewed an insurer's duty to defend in a case involving an alleged wrongful repossession of a vehicle. In the case of Ken Allen, Janet Allen, and Franklin Quick Cash, LLC vs. Continental Western Insurance Company, the Court stated that an insurer's duty to defend is broader than its duty to indemnify.

  • July 10, 2014

    Following the trend around the country regarding retainage practices, Missouri Governor Jay Nixon recently signed into law modifications to the Missouri Prompt Payment Act, §34.057 R.S.Mo. These revisions become effective August 28, 2014.

  • July 2, 2014

    In Jarvela v. Crete Carrier Corporation, 2014 WL 27050112 (Eleventh Cir.), Sakera Jarvela, was a commercial truck driver employed by Crete. In March 2010, Jarvela sought intensive outpatient treatment for alcoholism, taking leave from work under the Family and Medical Leave Act. Upon completion of his treatment program, Jarvela sought to return to work. However, Crete’s safety manager decided that Jarvela no longer met the qualifications to be a commercial driver for the company and terminated his employment. In response, Jarvela sued Crete, claiming that his termination was in violation of the Americans with Disabilities Act (ADA).

  • February 26, 2014

    The U.S. Food and Drug Administration (FDA) published a proposed rule on sanitary transportation of food under the Food Safety Modernization Act (FSMA). The FDA’s proposed rule would require shippers, carriers and receivers engaged in the transportation of food by motor carrier or rail who transport food, for either human or animal consumption, to use sanitary practices to ensure the safety of food during transportation.

  • January 21, 2014

    The Midwest Service Center of the Federal Motor Carrier Safety Administration issued an Emergency Declaration and Extension. This continues the emergency exemptions previously granted to motor carriers and drivers providing direct assistance supporting the delivery of propane and home heating fuels in the affected areas of the Midwest. These regulations address topics such as driver hours-of-service and vehicle maintenance.

  • January 13, 2014

    On January 10, 2014, the Federal Motor Carrier Safety Administration (FMCSA) of the US Department of Transportation issued the a notice stating that it will extend the requirement for interstate commercial drivers to have paper copies of their medical examiner's certifications with them when operating a commercial motor vehicle.

  • July 26, 2013

    On Friday, July 19, 2013, Representative Matt Cartwright (D-Penn) introduced House Bill 2730 which would raise the required insurance minimum for motor carriers.

  • July 18, 2013

    Please be aware that if you purchased fuel from a Pilot Flying J Travel Center, you may be eligible to participate in a class action lawsuit.