The Insurer as Litigant: How Lyda v. Allstate Rewrites the Rules of the Tort Case—and at What Cost to Insureds
Lyda v. Allstate, insurer intervention, and the reshaping of § 537.065 litigation in Missouri. Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com I. The Issue Lyda v. Allstate is likely the most…
When Is the Insurer Bound? Judgments, Settlements, Arbitration Awards, and Collateral Estoppel in Missouri Coverage Litigation With No 537.065 Agreement
Gulf Insurance, Schmitz, HIAR Holding, and the critical statutory barof § 435.415 RSMo — what an insurer may and may not be required to accept Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction When…
Bad Faith in Missouri: The Duty to Defend, the Duty to Settle, and the Full Measure of Damages Under Scottsdale
A unified framework for understanding the insurer’s twin obligations and the consequences when either is breached Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction Missouri’s bad faith…
Reservation of Rights in Missouri: Appointed Counsel, Conflicts of Interest, and the Insured’s Right to Refuse
When the insurer’s defense becomes adverse to the insured—and what to do about it Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction When a liability insurer issues a reservation of rights, it…
Missouri’s Duty to Defend: Scope, Breach, and the Consequences of Wrongful Refusal
What triggers the duty, what happens when it is breached, and how to hold the insurer accountable Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction The duty to defend is one of the most expansive…
The Liability Insurer’s Fiduciary Duty in Missouri: Utmost Good Faith and the Control of Defense
What Zumwalt established in 1950 and why it still defines the insurer-insured relationship today Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction Missouri has long recognized that the relationship…
Consent Judgments and Bad Faith Assignments in Missouri: Structuring the Agreement
A practitioner’s guide to excess judgment assignments and covenant not to execute arrangements Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction When a liability insurer refuses to settle…
Stacking of Insurance Coverage in Missouri: Uninsured/Underinsured Motorist and Liability Policy Limits
Navigating Missouri’s stacking rules to maximize recovery for seriously injured clients Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction For seriously injured clients whose damages exceed a…
Reservation of Rights Letters in Missouri: What They Mean and How to Respond
A practical guide for plaintiff’s counsel navigating coverage defenses in third-party liability cases Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction When a liability insurer issues a…
Missouri’s Liability Insurance Framework: What Third-Party Claimants Can and Cannot Do
Understanding direct action limitations and the judgment creditor’s rights under Missouri law Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction One of the recurring questions in Missouri…