When the Carrier Breaches First: Answering Cooperation and Consent Defenses
The insured’s refusal to accept a belated defense is not non-cooperation — it is the privileged consequence of the insurer’s first material breach. Introduction A litany of denials and affirmative defenses commonly follows the filing of an insurance…
Personal Counsel for the Defended Policyholder
When coverage is intact and the insurer is defending, the insured still has interests no one in the defense triangle is positioned to protect. Introduction Much of the writing on personal or independent counsel for an insured assumes a coverage fight:…
Five Misconceptions About Missouri Insurance Law That Cost Practitioners Cases
Introduction Insurance coverage litigation in Missouri is governed by a body of statutory and common law that is, in its broad outlines, familiar to most civil practitioners. The duty to defend, the duty to indemnify, the vexatious refusal statute, the…
An Insurance Agent’s Role:
Agency, Authority, and the Duty to Transmit Premiums Under Missouri Law Key Takeaways I. Introduction When a Missouri consumer walks into an office with an insurance company’s name on the door, hands over a premium check, and walks out expecting…
Missouri Liability Insurance: The Structure of the Policy, the Duties It Creates, and the Rules That Govern Coverage Disputes
A foundational overview for practitioners and sophisticated readers Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction Every liability insurance dispute in Missouri rests on the same foundation: a…
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…
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…