Amended Missouri statute provides roadmap for insurers to avoid bad faith liability claims when insufficient coverage for multiple claimants
When representing an insured, trial attorneys must be attentive and recognize the circumstances under which opposing counsel may or may not present evidence that their client carries liability insurance. More importantly, attorneys must understand the actions that must be taken to preserve the record and protect the client. The Eastern District Court of Appeals recently granted a new trial based on a finding that the plaintiff made repeated, improper references to the defendant’s liability insurer in front of the jury. Collier v. Steinbach, -- S.W.3d --, 2019 WL 7159756 (Mo ...
On May 1, 2019, Senate Bill 7 was passed as part of the Missouri legislature’s overarching goal to refine Missouri’s broad venue rules, which previously had allowed plaintiffs to pursue their claims in Missouri venues with no connection to their injuries or events which led to their injuries.
Particular provisions of the new venue rules apply specifically to lawsuits involving claims against insurance companies. First, Sections 375.1800 and 508.010 now provide that domestic and foreign insurance companies are deemed a resident of the county where their registered offices ...
Environmental contamination lawsuits frequently involve polluting activities which took place decades ago – long before the advent of computers and before it was possible for businesses to store information in an electronic format. When these lawsuits arise and a claim is tendered to an insurance carrier for defense and indemnity, the parties often struggle to verify the existence and terms of any applicable insurance policies in light of the ease with which paper documents can be misplaced over the years. The inability of the parties to locate complete copies of all potentially ...
Illinois courts have long made clear that when a conflict of interest exists between an insured and its insurer, the insured is entitled to independent counsel of the insured’s own choosing and at the insurer’s reasonable expense. See Maryland Cas. Co. v. Peppers, 64 Ill.2d 187, 193 (1976). What is less clear, however, is when exactly a conflict of this nature arises.
We know that a conflict giving rise to independent counsel does not exist simply because the insurer provides a defense under reservation of rights. We also know that certain types of cases, such as those involving ...
We all say things we regret. But sometimes, those things we say can be used against us. The same goes for insurance companies. So held the Illinois Appellate Court, Second District, in its recent unpublished decision in Country Preferred Ins. Co. v. Badri-Monaghan, 2017 IL App (2d) 170134-U. The court started the year with a decision finding an insurance company was estopped from asserting a coverage defense based on statements made to the insured by the agent. The policy required the insured to submit a written demand for arbitration, which she failed to do. The evidence showed ...
In insurance coverage litigation, does an insurance company have to identify and produce documents regarding the company’s handling of prior unrelated claims?
Insurance companies often object to such requests on the grounds that they are irrelevant, overly broad, unduly burdensome, and even protected by a privilege. In the Illinois Appellate Court Fifth District’s recent decision in Zagorski v. Allstate Ins. Co., 2016 IL App (5th) 140056, however, the appellate court rather emphatically held that the insured could seek such discovery, at least under the facts and ...
In Burress-Taylor v. American Security Insurance Company, 2012 IL App (1st) 110554 (Cook Co. 5th Div.) (October 26, 2012), an Illinois appellate court recently reversed the dismissal of an insured’s complaint against her insurance company for alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (“Consumer Fraud Act”) (815 ILCS 505/1 et seq.).
The plaintiff alleged that in August of 2006 her home was damaged by a fire. The plaintiff had two insurance policies, both of which covered fire losses, and submitted claims to both. The first ...
