Nicholas S. Gerth
636-798-0662 | ngerth@wwbhlaw.com
Overview
Nick Gerth is a high-stakes litigator and trial lawyer with over a decade of experience in complex commercial litigation, first-party property insurance coverage matters, contract and insurance policy disputes, and arson/fraud litigation. Nick has successfully navigated his clients through all aspects of litigation, from pre-suit investigation through trial and appeal, on both the front lines and from a managerial position.
Nick focuses his practice primarily on contract and insurance coverage disputes, including first-party property damage claims. Nick represents his clients in all phases of disputes, including those arising during claim investigations, and in litigation in both state and federal court. He has achieved successful results for his clients in preparing for and second chairing trials involving first-party damage litigation, arson, and fraud. Nick takes pride in his persuasive legal writing, which has led to numerous successful trial and appellate victories for the firm’s clients.
Nick also represents insurance carriers throughout all stages of claim investigations. He counsels his clients on complex coverage issues and proper claim handling in compliance with myriad laws, regulations and industry standards. Nick relies on a commonsense approach to accomplish quick and cost-effective resolution of disputes where possible, but he excels at developing the best possible cases for his clients when litigation is necessary.
Outside of his legal practice, Nick serves the citizens of the State of Missouri as a Missouri Lottery Commissioner. Nick and his wife Amanda live in the St. Louis area, where they are raising their three children. In his spare time Nick enjoys fishing, BBQing, and coaching his kids’ sports teams.
Past Results
- Tohi Ventures, LLC v. The Travelers Indemnity Co., et. al., Jackson County Circuit Court (2021). Obtained summary judgment in favor of insurance carrier after successfully arguing that insured did not comply with its duty to provide prompt notice of the claim, and that there was no coverage because the claim did not arise during the effective dates of the insurance policies.
- Allstate Indemnity Company v. Dixon, 932 F.3d 696 (8th Cir. 2019). Obtained successful appellate result in favor of insurance carrier in authoring brief that convinced the Eighth Circuit Court of Appeals to hold that 1) fire experts’ testimony was admissible even though experts did not precisely follow industry guide; 2) insurer was entitled to recover its payment to mortgagees under joint insurance policy from insureds after fire destroyed insured structure; 3) restitution of amount paid to mortgagees was proper as a means of effecting verdict in favor of insurer; and 4) judgment was properly entered against co-insured, even where verdict focused on other insured.
- Montgomery v. Allstate Property and Casualty Ins. Co., U.S. District Court for the Western District of MO (2019). Obtained summary judgment in favor of insurance carrier after insured did not comply with her duties set forth in the conditions of the insurance policy.
- Allstate Vehicle and Property Ins. Co. v. Elmer Adams, Jr., U.S. District Court for the Western District of MO (2017). Obtained summary judgment on a defamation claim where insured argued that the insurance carrier’s communication with the National Insurance Crime Bureau and the Missouri Department of Insurance regarding a pending arson claim constituted defamation. The Court rejected this argument and held the carrier’s statements qualified for immunity under the law.
- Allstate Vehicle and Property Ins. Co. v. James Graham, Jr., U.S. District Court for the Eastern District of MO (2017). Obtained a full defense verdict in an arson trial. The insured asked the jury for more than $500,000. The jury returned a unanimous verdict in favor of the insurance carrier.
Professional Affiliations
- Missouri Organization of Defense Lawyers
- Bar Association of Metropolitan St. Louis
- Missouri Lottery Commission
Awards & Achievements
- Academic Excellence Award for Civil Practice
- Dean’s List
Speaking Engagements
- "The Rundown on Missouri’s Revised Valued Policy Statutes," Brown & James General Defense & Insurance Law Symposium, January 2022
- “Examinations Under Oath” KC IASUI Training Seminar, December 2021
- “Undetermined Fire Cause? Don’t Throw in the Towel!” KC IASUI Training Seminar, December 2021
- "Handling Aggressive Contractors & Public Adjusters: Assignments, the Proper Appraisal Process and Dealing with Inflated Estimates," Brown & James Seminar, September 2019
Practices
Education
- Saint Louis University School of Law (J.D., cum laude, 2014)
- University of Missouri (B.A., summa cum laude, History and Political Science, 2011)
Bar Admissions
- Missouri
- United States Court of Appeals for the Eighth Circuit
- United States District Court for the Eastern District of Missouri
- United States District Court for the Western District of Missouri
- United States District Court for the Southern District of Illinois