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…
How § 537.065 R.S.Mo. Works: A Complete Guide from Agreement to Judgment
The statute’s history, its mechanics, the 2017 and 2021 amendments, a step-by-step guide to using § 537.065 in practice Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Key Takeaways Introduction Section…
The Missouri Bad Faith Timeline: From Tender to Excess Judgment
A chronological practitioner’s guide to how a Missouri bad faith failure to settle case develops — the elements, the key decision points, what the insurer must do at each stage, and what happens when it does not Missouri Injury & Insurance…
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 a liability insurer…
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…
Missouri’s Unfair Claims Settlement Practices Act: Enforcement Mechanisms and Litigation Strategy
How § 375.1000 shapes insurer conduct and what it means for case. Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction Missouri’s Unfair Claims Settlement Practices Act (UCSPA), codified at Mo.…
Crafting the Effective Time-Limited Demand in Missouri: Elements, Timing, and Bad Faith Implications
A step-by-step framework for structuring demands that create and preserve excess judgment exposure Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction The pre-suit settlement demand in a Missouri…