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…
What Is a Reservation of Rights and Why Does It Matter
A guide to the reservation of rights in the third-party liability context — what it is, what it must contain, the conflict of interest it creates, the insured’s right to refuse, the right to independent counsel, and its role in the bad faith and §…
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…
When Your Insurer Intervenes Against You: What Claims Must You Assert Right Now?
Lyda v. Allstate and the Potential Compulsory Counterclaim Trap in § 537.065 Litigation Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com On March 24, 2026, the Missouri Court of Appeals, Western District, decided Lyda v. Allstate…
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…
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…