Wrongful Death in Missouri: Who Can Sue, What They Can Recover, and When
A complete practitioner’s guide to § 537.080 R.S.Mo. — the class structure, recoverable damages, limitations periods, and the critical procedural requirements that can make or break a wrongful death case Missouri Injury & Insurance…
Negligence in Missouri: The Four Elements and How Courts Apply Them
A complete framework for understanding the foundation of every personal injury case in Missouri Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction Every personal injury case in Missouri rests on the…
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…
Proving the Insurer’s Breach of Fiduciary Duty in Missouri: A Discovery and Deposition Practice Guide
Who to depose, what to demand, and how to build the record that proves bad faith from the inside out Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Missouri Injury & Insurance…
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…