“Arising Out Of” Exclusions in Missouri Insurance Policies: Court Bars Coverage for Opioid Marketing Claims
In Opioid Master Disbursement Trust II a/k/a Opioid MDT II v. ACE American Insurance, et al., ED113635 (Mo. App. E.D. July 21, 2026), the Missouri Court of Appeals addressed an important coverage issue arising out of the opioid litigation wave: whether…
The Learned Intermediary Doctrine in Missouri Products Cases
When the duty to warn runs to the prescriber, how the prescriber’s knowledge ends the case, and how federal preemption sits on top of it all In the ordinary products case the manufacturer’s duty to warn runs to the user. Prescription drugs and medical…
Safer Alternative Design Requirements
The element that isn’t: why Missouri treats a feasible alternative design as evidence, not an element—and why plaintiffs prove it anyway In many jurisdictions, the plaintiff in a design case must prove that a reasonable, feasible alternative design…
Failure-to-Warn Claims Under Missouri Law
Two causation prongs, a read-and-heed presumption that is only a submissibility device, and the one defense the legislature made complete A failure-to-warn claim concedes, for argument’s sake, that the product is soundly designed and correctly built. Its…
Manufacturing Defect Claims Under Missouri Law
Proving that one unit departed from its design—often without the unit, sometimes without an expert, and always against the malfunction doctrine’s limits The manufacturing-defect claim is the narrowest and, in one sense, the most intuitive theory in…
Design Defect Claims Under Missouri Law
The undefined standard, the cases that built it, and how design cases are actually won and lost A design-defect claim is the most conceptually ambitious species of products litigation. It does not accept the product’s blueprint and quarrel with a stray…
Missouri Comparative Fault: How It Works and How It Affects Recovery
A complete guide to Missouri’s pure comparative fault system — the rules for allocating fault, reducing damages, apportioning liability among multiple defendants, and the strategic implications for plaintiff and defense counsel Missouri Injury &…
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…