Robert L. Brady

Principal
Bob Brady focuses his trial practice on representing and defending insurance clients in complex first-party property insurance coverage matters, including claims involving suspected arson and fraud.
photo of attorney Robert L. Brady

Overview

Bob Brady has carved a path as a trial lawyer representing national and regional insurance clients on large complex first-party property insurance coverage matters in both the Federal and State courts of Missouri and Illinois.  His trial practice is exclusively dedicated to representing insurance carriers in complicated first-party litigation involving coverage and arson/fraud related issues.  Mr. Brady has successfully handled and tried first-party insurance cases involving damages in excess of a million dollars and he has successfully tried dozens of cases to jury verdict in both federal and state courts.

Mr. Brady is one of the leading trial lawyers in Missouri and Illinois in the defense of first-party cases involving issues of arson/fraud.  As part of his trial practice a significant portion of Mr. Brady’s practice is devoted to working with his SIU partners on claims involving suspected arson and fraud.  He regularly guides his clients through all phases of the claim investigation.  He has conducted hundreds of examinations under oath.  He is a frequent lecturer to IASIU and other industry organizations.  He is also well-known for his knowledge and use of investigative tools such as cell phone tower data, GPS, and effective utilization of social networks.

In addition to his trial practice, Mr. Brady routinely serves as coverage counsel for his insurance clients on complex commercial and residential first-party property claims.  He has been named annually to the Missouri Super Lawyers list in the area of insurance coverage.  This honor is based on nomination, evaluation of professional achievements, and selection by a panel of attorneys in the applicable practice area.  Mr. Brady also advises insurers on best claims practices to ensure compliance with applicable insurance regulations and industry standards.

Recent Results

Past Results

  • BCC Partners, LLC, v. Travelers Prop. Cas. Co. of America, United States District Court Eastern District of Missouri, 4:22-CV-00849-RWS. Successfully defended insurer client by obtaining summary judgment in client’s favor in coverage litigation involving a delay claim of $1,500,000 plus vexatious penalties associated with a retaining wall collapse under a Builder’s Risk policy. Successfully secured a judgment enforcing the plain and unambiguous language of the policy and defended against arguments that the Policy was illusory and that the insurer should be estopped from denying coverage.
  • Ben F. Blanton Construction, Inc., v. Travelers Prop. Cas. Co. of America, Circuit Court of St. Louis County, Missouri, 17SL-CC01394. Successfully obtained partial summary judgment in insurer-client’s favor in litigation involving coverage claims and vexatious allegations associated with a retaining wall collapse under a builder’s risk policy. Successfully secured a partial judgment enforcing the plain and unambiguous language of the policy and limiting the amount and nature of damages recoverable under the policy. The Court’s Order vindicated client’s coverage position taken on the matter, eliminated a significant portion of Plaintiff’s claimed damages and further served as a roadmap for the litigation moving forward towards a successful trial result for client.
  • Farm Bureau v. Stevenson. First-party fire loss. $400,000 claim for damage to home and contents. Arson defense presented at trial. Jury defense verdict.
  • Farm Bureau v. Smith. First-party fire loss. $120,000 claim for damage to home and contents. Arson defense presented at trial. Jury defense verdict.
  • Mirfasihi v. Travelers. First-party water damage case. Factual issues tried to jury included appropriate repair costs and reasonableness of the claims handling.
  • Dixon v. Allstate. First-party fire loss to large hotel building. Insured seeks in excess of $1,000,000 in policy and extra-contractual damages. Arson defense presented at trial. Jury defense verdict. Court also awards Allstate $112,000 in damages for payment made to mortgagee.
  • Patti Nelson v. Farm Bureau. First-party fire loss. At close of all evidence, obtained directed verdict on dwelling claim and personal property claim. Jury awards Plaintiff nominal amount on ALE claim. Directed verdict subsequently upheld on appeal.
  • William Bazzle v. Farm Bureau. First-party storm/residential roof damage case. Dispute over extent of hail damage to roof. Presented extensive evidence at trial regarding cause and extent of the claimed damage.
  • Lawson v. Allstate. First-party theft loss. Factual issue tried to jury was extent and amount of the loss. Plaintiff requests $40,000 from jury. Jury verdict for Plaintiff for only $13,000.
  • Farm Bureau v. Dalton. First-party fire loss. $80,000 claim for damage to home and contents. Case tried to jury based on defense of material misrepresentation in presentation of contents claim. Jury defense verdict.
  • Hannon v. Auto-Owners. First-party storm/commercial roof damage case. Claim in excess of $1,000,000 for building damage and loss of business income. Presented expert testimony at trial that damage was the result of ordinary wear and tear. Jury defense verdict.
  • David Beal v. Allstate. First-party fire loss. $35,000 claim for destruction of detached garage and contents. Arson defense presented at trial. Jury defense verdict.
  • Ira Carr v. Allstate. First-party fire loss. $120,000 claim for damage to home and contents. Arson defense presented at trial. Jury defense verdict.
  • Depositors Insurance Company v. Hall’s Restaurant, Inc. First-party fire loss to a restaurant. $550,000 claim for damage to building and inventory. Arson defense presented at trial. Jury defense verdict. Court also awards Depositors its attorney fees.
  • Marvin Campbell v. Cameron Mutual. First-party fire loss (plaintiff attempted suicide by fire). $85,000 claim for damage to home and contents. Jury defense verdict.
  • Farm Bureau v. James and Patricia Shipman. First-party fire loss to two turkey barns. Sought recovery of $320,000 paid to mortgagee on theory that insureds intentionally burned the barns. Jury verdict for Farm Bureau for the full $320,000.
  • Bret & Glenda Merseal v. Farm Bureau. First-party fire loss. Evidence presented to jury included the vast disparity between content claim insured presented to carrier versus a personal property declaration insured submitted to a bankruptcy court six months before the fire.
  • Cameron Mutual v. Billy Kimball. First-party fire loss. Factual issue tried to the jury was whether the insured misrepresented material facts when applying for the insurance policy.
  • Farm Bureau v. Lester Galbraith. First-party fire loss. Fire caused by insured’s adult son cooking meth in the basement. Factual issues tried to jury included the cause of fire and whether insured’s son resided in the home.
  • Ricky and Frances Coutts v. Farm Bureau. First-party fire loss. Coverage case involving exclusion for damage caused by vandalism committed by a tenant. Landlord seeks $87,500 dwelling limit. Jury defense verdict.
  • Leroy Goree v. Allstate. First-party fire loss. $150,000 claim for destruction of home and contents. Arson defense presented at trial. Jury defense verdict.
  • Edna Duke and Chantrese Garner v. Allstate. First-party fire loss. $350,000 claim for destruction of home and contents. Arson defense presented at trial. Jury defense verdict.
  • Ross and Tammie Pool v. Farm Bureau. First-party water loss coverage case. Claim for $120,000 for damage to home and contents. Jury defense verdict.
  • Lanpher/Sparkman v. Columbia Mutual. First-party fire loss. Arson defense presented at trial. Jury award to plaintiff for policy damages. Jury finds in favor of Columbia Mutual on the vexatious refusal claim.
  • Gary and Norene Gerler v. Shelter. First-party fire loss. $50,000 claim for destruction of trailer home and contents. Arson defense presented at trial. Jury defense verdict.
  • Farm Bureau v. Morris. First-party fire loss. $250,000 claim for destruction of home and contents. Arson defense presented to jury. Jury defense verdict.
  • Liberty Mutual v. Portia Scott. First-party arson/fraud declaratory judgment action against insured. $230,000 claim for damaged home and contents. Verdict for carrier based on material misrepresentation of contents claim.
  • Kasetner v. St. Louis Parking Co.. Third-party criminal attack on parking lot, resulting in alleged shoulder injuries. Jury verdict for Plaintiff for less than amount of last demand.
  • Collins v. Farm Bureau. First-party vehicle theft case. Defended at trial on theory of material misrepresentation. Extra-contractual claim was dismissed during trial and nominal verdict for insured.
  • Hensely v. Shelter. First-party homeowner fire loss. Arson defense presented to jury at trial, including extensive evidence on fire origin and cause issues.
  • Holliday v. Smith. Car accident case involving significant knee injury. $95,000 requested from jury. Jury verdict for plaintiff for only $20,000.
  • Ruttencutter v. Whispering Oaks Health Care Center, Inc. Serious eye injury at residential care facility. $375,000 requested from jury. Plaintiff’s verdict for only $70,000.
  • Kayser v. Brewskeez Restaurants. Bouncer ejects patron from bar into path of moving vehicle. $50,000 demand for crushed pelvis. Jury assessed 60% of fault to Plaintiff, resulting in net award of $12,000.
  • Christopher v. Tammy’s Tiny Tots. Child broke leg on playground at daycare center. $25,000 demand. Jury defense verdict.
  • Smith v. International Catering, Inc. Represented business in slip and fall claim. Plaintiff awarded small fraction of amount demanded based on video evidence establishing significant comparative fault.
  • Schwan v. USAA. First-party fire loss. $250,000 claim by innocent co-insured for destruction of home and contents. Arson defense presented to jury. Jury defense verdict.
  • Leonard v. Bearcat Getaway. Represented campground on a slip and fall in campground shower. $50,000 demand for personal injuries. Jury defense verdict.
  • Syncor Entertainment v. Wolf and Image. Subrogation case involving fire loss to theater in Branson, Missouri. Presented extensive evidence to jury on fire origin and cause.
  • Bailey v. Cameron Mutual. First-party fire loss. Claim for $300,000 for destruction of home and contents. Arson defense presented to jury. Jury defense verdict.
  • Bloznik v. Polk County Mutual. Insured sued carrier for defamation after carrier sent a denial letter alleging insured committed arson. Jury awards Plaintiff a small fraction of amount requested, and jury finds in carrier’s favor on punitive damage claim.
  • Gorman v. Caliber One. First-party coverage case involving alleged collapse of part of a building. Case tried to jury on theory that collapse was not caused by one of the specifically enumerated covered perils.
  • Westchester Insurance Company v. American Academy of Underwater Education. Declaratory judgment action involving storm/hail claim. Case tried to jury on theory of alleged material misrepresentation in the insured’s presentation of damages.
  • Enahoro v. Posey. Car accident case involving $100,000 demand. Jury defense verdict.
  • Tomlin v. Guempel. Car accident case involving $60,000 demand. Plaintiff’s verdict for only $500.
  • Pickens v. Walgreens and TSI. Plaintiff attacked on Walgreens parking lot. Represented third-party security company TSI. $200,000 demand. Jury defense verdict for TSI.
  • Century Financial v. Collier Bldg. Fire loss to building, represented landlord. Tenant sues owner for inadequate sprinkler system. $60,000 in claimed damages. Obtained defense verdict.
  • Brooks v. Patel. Car accident case involving demand for $25,000 policy limit. Jury verdict for Plaintiff for only $11,500.
  • Wilcox v. McGowan and State Auto Ins. Co.. Uninsured motorist claim involving $50,000 demand for bodily injury. Jury verdict for Plaintiff’s for only $700.

Professional Affiliations

  • National Society of Professional Insurance Investigators - Immediate Past President
  • Insurance Committee for Arson Control
  • International Association of Arson Investigators
  • International Association of Special Investigation Units

Awards & Achievements

  • Best Lawyers – Insurance Law, The Best Lawyers in America (2016-2022)
  • Super Lawyers - Insurance Coverage, Missouri & Kansas Super Lawyers (2008-2018)
  • St. Louis' Best Lawyers - Insurance Law, St. Louis Magazine (2017)

Publications

  • Arson, Fraud, and First Party Insurance Law (3rd Ed., 2001)

Speaking Engagements

  • Presenter, "Effective Recorded Statements in Claims Involving Application Misrepresentations," Watters Wolf Bub Hansmann Trial & Insurance Symposium, February 2024
  • Presenter, "First Party Property Claims: Legal Update & Current Trends," Watters Wolf Bub Hansmann Trial and Insurance Symposium, January 2023
  • Presenter, "The Arson Defense: Circumstantial Evidence Only? No Problem," Watters Wolf Bub Hansmann Trial and Insurance Symposium, January 2023
  • Presenter, "The First-Party Playbook: Strategies and Solutions for Problem Property Claims," Brown & James Insurance Law & General Defense Symposium, January 2020
  • Presenter, Undetermined Fire Cause? Don’t Throw in the Towel,” IASIU National 2019 Annual Seminar, Phoenix, Arizona, September 2019
  • Presenter, "Property and Casualty Fraud - Statistics, Trends and Solutions," RGA 2018 Fraud Conference, August 2018
  • Presenter, "Void Ab Initio - Proper Rescission of Insurance Policy Based on Material Misrepresentation in the Application," Brown & James General Defense & Insurance Law Symposium, January 2018
  • Presenter, "First-Party Arson/Fraud Claims: Proper Documentation of the Claim File," Brown & James General Defense & Insurance Law Symposium, January 2017
  • Presenter, "Common Coverage Issues in First-Party Property Insurance Claims," Brown & James Law Symposium, January 2016
  • Presenter, "Undetermined Fire Cause and Unattended Cooking Fires: Should Your Investigation Stop There?" Brown & James Law Symposium, January 2014
  • Presenter, "Case Law Update: Reports & Evidence," Buxton/Mazzone Fire Investigation Conference, Illinois Chapter of International Association of Arson Investigators, April 2013

Practices

Education

  • Saint Louis University School of Law (J.D., 1997)
  • University of Missouri (B.A., 1994)

Bar Admissions

  • Missouri
  • Illinois
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the Western District of Missouri
  • U.S. District Court for the Southern District of Illinois