Missouri courts routinely uphold the application of step-down provisions in insurance contracts, even where a “policy defines the lower limit only by the financial responsibility law.”
Step-down Provision In UIM Clause Held Enforceable
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Legal News
The Statutory Employer Defense
Brooks is an excellent case to have at your desk to simplify your evaluation of the Statutory employer/employee relationship and the operation of the defense.
Sovereign Immunity – Alive And Well Even With Liability Coverage
As a practical matter be aware Plaintiffs have the burden of pleading specific facts that show an exception applies to sovereign immunity, and failure to do so will result in dismissal. Carefully read the policy to determine whether there is a waiver of immunity in the policy
Premises Liability: The Return Of The Rule Of Law?
In Missouri, one of the essential elements a Plaintiff must plead (and prove) in a premises liability case is that there exists on the premises a “dangerous condition” and as a result the premises are not “reasonably safe.”
NAVIGATING THE GAP: Clarifying Underinsured Motorist Coverage
Kirkendoll v. Auto-Owners Ins. Co. clearly sets forth the current state of the law and rejects past holdings which found Underinsured Motorist Coverage provisions ambiguous.
Proactive Claims Handling Defeats Vexatious Claim
Do not get frustrated with claimant’s and their counsel’s stonewalling. Stay proactive and on top of each claim and avoid vexatious claims.
To Shovel, Or Not To Shovel, That’s The Question!
As the snow and ice claims begin coming in this winter and spring, keep Cleek handy to determine possible exposure and defenses. These are good cases to defend on the law, as well as before a jury.
Be On the Lookout: The “Special Use” Doctrine
In Missouri, landowners and those who possess or control real property owe a duty to invitees, licensees, and – in some limited circumstances – to trespassers to maintain the property free of unreasonably dangerous conditions.
Offering to Pay Limits and Paying the Judgement… How Hard Can It Be???
A carrier’s ability “to offer to pay our limit of liability” and to pay a judgment is often complicated by Plaintiff’s counsel’s gamesmanship related to resolution of court costs, prejudgment interest and post judgment interest.