When the Document “Speaks for Itself” Deposing Witnesses About Written Agreements
Introduction: The Recurring Deposition Problem A familiar problem appears when an important document becomes the center of a deposition. The witness is shown a contract, policy, handbook, claim note, agency agreement, email, internal procedure, lease,…
Missouri Hearsay Objections in Insurance-Formation Cases: When the Statement Is the Evidence, Not Hearsay
Missouri insurance cases often turn on conversations: what the insured told the agent, what the agent asked, what the agent said the policy would do, what information was reported to the carrier, and what everyone understood at the time the policy was…
Mistaken Settlement Acceptance in Missouri: Rescission, Reformation, Waiver, and Release Problems for Lawyers
Part Two: What Missouri lawyers should do when a settlement acceptance was mistaken, incomplete, or followed by a disputed release I. Mistakes in Acceptance: Can a Party Escape a Settlement Agreement? One recurring issue in Missouri settlement…
Missouri Settlement Demands and the Mirror Image Rule: A Practical Guide for Lawyers
Part One: How Missouri lawyers should analyze offer, acceptance, counteroffers, and release terms in liability insurance settlement practice I. Introduction Settlement agreements are contracts. That statement sounds elementary, but its implications…
Qureshi v. American Family: Building a Missouri Vexatious Refusal Case
How an inadequate claims investigation, a lowball settlement offer, and an insurer’s strategic refusal to answer deposition questions combined to sustain a jury verdict for vexatious refusal under § 375.420 RSMo Missouri Injury & Insurance…
Discovery in Missouri Insurance Coverage Litigation: Claim Files, Reserve Data, and the Work Product Doctrine
How to obtain the insurer’s internal records and overcome privilege objections Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction Discovery in insurance coverage and bad faith litigation…