A Missouri Insurer’s Right to Intervene: The Seminal Case of McCrackin and Its Early Treatment in Federal Court
After years of insurer-unfriendly coverage and bad faith rulings, the Missouri Supreme Court’s decision in McCrackin v. Mullen signals a meaningful shift. The Court held that insurers with good-faith coverage disputes may intervene in underlying tort actions to seek a stay while coverage is resolved through a declaratory judgment action. Although not mandatory, the Court’s guidance favoring declaratory actions filed in the same court as the tort case carries significant strategic implications—particularly as federal courts begin to scrutinize whether insurers are following McCrackin’s framework when seeking coverage determinations.
An Attorney’s Guide to Preparing Briefs for Missouri Appellate Courts
Drafting an appellate brief is a demanding task that requires both persuasive legal writing and strict compliance with Missouri Supreme Court Rule 84. Missouri appellate courts routinely dismiss appeals for briefing deficiencies, making adherence to formatting and content requirements essential. This guide provides a practical roadmap and tips to help practitioners prepare compliant and effective appellate briefs.
Missouri Supreme Court Declines to Address Constitutionality of Missouri’s “No Pay, No Play” Statute
In a recent ruling, the Missouri Supreme Court sidestepped a significant constitutional challenge to the “No Pay, No Play” statute. Susan Bridegan, an uninsured motorist, claimed the law violated her right to a jury trial, but the court found she didn’t preserve her constitutional claim. This decision maintains the statute and highlights the need for proper legal procedures. What does this mean for uninsured motorists and insurance carriers in Missouri? Explore the implications of this important case.
Co-Employee Immunity Under Workers’ Compensation Act in Light of New Missouri Supreme Court Opinion
In a recent ruling, the Missouri Supreme Court clarified co-employee liability under the Workers’ Compensation Act, stating that co-workers are generally immune from personal injury claims unless they commit an “affirmative negligent act.” This decision arose from a tragic workplace accident and raises crucial questions about workplace safety and accountability. Explore the implications of this landmark case for future claims against co-employees.
Right to Intervene Under Missouri Statute Section 537.065 is Not Retroactive to Trials and Contracts Pre-Dating the 2017 Amended Statute – Even if Judgment Was Not Yet Entered
The Missouri Supreme Court ruled that the 2017 amended Section 537.065 does not apply retroactively to pre-effective date contracts. This case involved Dr. Neil Desai and Heta Desai, whose contract limited recovery against an insurer. The court noted that the new insurer notification requirements were not in place when the contract was formed, preventing intervention. Explore the implications of this ruling!