A Missouri Insurer’s Right to Intervene: The Seminal Case of McCrackin and Its Early Treatment in Federal Court
Background For years, Missouri has been notorious for bad news from the appellate courts on coverage and bad faith issues. The General Assembly has made numerous attempts to curb bad faith set-ups that have given insurers almost no opportunity to challenge sometimes questionable excess judgments and arbitration awards. However, the courts and clever policyholders’ counsel […]
An Attorney’s Guide to Preparing Briefs for Missouri Appellate Courts
Drafting an appellate brief can be a challenging task even for the most experienced litigator. There’s a good reason for that. Appellate briefing is an artform that requires the practitioner not only to persuasively and succinctly state the substantive legal issues being appealed but also to understand the rules of appellate procedure. It’s no surprise […]
Missouri Supreme Court Declines to Address Constitutionality of Missouri’s “No Pay, No Play” Statute
Case Background Susan Bridegan filed a lawsuit in Jackson County alleging injuries resulting from a motor vehicle accident involving Gary L. Turntine. At the time of the accident, Bridegan was an uninsured motorist and subject to the limitations imposed by RSMO 303.390.1. This statute specifies that uninsured motorists are prohibited from collecting noneconomic damages (commonly […]
Co-Employee Immunity Under Workers’ Compensation Act in Light of New Missouri Supreme Court Opinion
The Missouri Supreme Court recently held that a plaintiff could not hold a former co-employee personally liable for a workplace injury because with one exception, co-employees are legally entitled to immunity under the 2012 amendment to Missouri Statute Section 287.120.1 of the Workers’ Compensation Act. Case Background Plaintiff Danny Brock worked at JMC Manufacturing, which […]
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 recently affirmed a trial court’s order denying an insurance company’s motion to intervene and set aside a judgment that was entered following the plaintiffs’ contract with a defendant to limit recovery of the judgment against the insurance company pursuant to Missouri Statute Section 537.065. Desai, M.D., et al. v. Seneca Specialty Insurance […]