In essence an act of tortious interference with a business expectancy will only lie against a third party, a stranger to the contract, that improperly interferes with the other party’s contractual relations.
In this case, the Judge pointed out that while he was sure Plaintiff sustained physical and emotional injuries, he was unable to award damages unless an evidentiary hearing was held where Plaintiff would be required to substantiate his damages.
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.”
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.
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
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.”
Partners Jackie Kinder and Lucas Ude, recently brought in three successful trial results for our clients; results clearly indicative of our dedication to and focus on excellence in our trial outcomes.
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.
Do not get frustrated with claimant’s and their counsel’s stonewalling. Stay proactive and on top of each claim and avoid vexatious claims.