Missouri Indemnity Law
Surgery Center Partners, LLC d/b/a Timberlake Surgery vs. Mondelez International, Inc., and Indemnity Insurance Company of North America
<center><font color="red"><h2><fontcolor="red> St. Louis, MO - Personal Injury lawyer represented Appellants with a work-related accident appeal from a final award. </h2></font></b></i></font></center></center><br> <br> On July 12, 2013, a Mondelēz employee suffered a work-related accident that left him with <br> a torn left rotator cuff. On August 11, 2014, Indemnity Insurance Company, Mondel... More...
$0 (06-03-2022 - MO)Susan Ball vs. Robert K. Ball, II
<center><h3><font color="red"><h3><font color="red"> Kansas City, MO - Divorce lawyer represented Appellant with appealing the dissolution of marriage. </h3></font></b></i></center></font><br> <br> On April 4, 2019, Susan Ball ("Wifeâ€), 83 years old, filed a petition for <br> dissolution of her twenty-six-year marriage to Husband, 81 years old. Wife sought <br> the appointment of a private p... More...
$0 (02-15-2022 - MO)United States of America v. Gilbert Lundstrom
<center><h2><font color="red"> St. Louis, MO - Criminal defense lawyer represented defendant with a thirteen-count indictment with conspiracy to commit wire fraud affecting a financial institution, to commit securities fraud, and to falsify bank entries; wire fraud affecting a financial institution; securities fraud; and falsifying bank entries charge. </h2></font></b></i></center><br> <br> <cente... More...
$0 (01-14-2022 - MO)Jennifer A. Britt vs. Jeremy M. Otto and AMERICAN FAMILY MUTUAL INSURANCE COMPANY, S.I.
<center><br> <a href="https://www.morelaw.com/add/attorney/" target="_new"><img width="600" src="https://www.morelaw.com/images/banners/subscription.gif" target="_new"></a><br> </center><br> On September 9, 2017, Britt was injured in an accident involving her vehicle and a <br> vehicle driven by Otto. Otto was insured by an automobile policy issued by American <br> Family ("Otto's policy"). Ott... More...
$0 (04-05-2019 - MO)Great American Insurance Company v. Jonathan L. Russell
Jonathan Russell appeals the district court’s vacatur of the arbitration award<br> he received against his insurer, Great American Insurance Company, for wrongfully<br> denying his claim for damage to his 2013 corn crop. Because the arbitrators rendered<br> a sufficiently mutual, final, and definite award, vacatur was improper. We<br> accordingly vacate the district court’s judgment and remand... More...
$0 (01-31-2019 - MO)American Family Mutual Insurance Company v. Vein Centers for Excellence, Inc. and St. Louis Heart Center
<center><br> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/Eagleton_1426625683157.jpg"><br> </center><br> <br> American Family Mutual Insurance Company (“American Family”) filed a<br> complaint for declaratory judgment against its insured, Vein Centers for Excellence,<br> Inc. (“Vein Centers”), disputing American Family’s duty under certain policies to<br> defend and i... More...
$0 (01-04-2019 - MO)Christine Masters v. USAA General Indemnity Company <P> <font color="red"><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">Morelaw Internet Marketing for Legal Professionals</a> <br> MoreLaw Will Make Your Phone Ring <br> $0 to $1000+ Per Month - No Contract <br> 888-354-4529 </font>
St. Louis, MO - Christine Masters sued USAA General Indemnity Company on a breach of insurance contract theory.... More...
$0 (04-20-2018 - MO)Kenyon Delk and Scott Delk v. The Midwest Indemnity Company <P> <font color="red"><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">Morelaw Internet Marketing for Legal Professionals</a> <br> MoreLaw Will Make Your Phone Ring <br> $0 to $1000+ Per Month - No Contract <br> 888-354-4529 </font>
Kansas City, MO - Kenyon Delk and Scott Delk sued The Midwest Indemnity Company on a breach of insurance contract theory.... More...
$0 (04-24-2018 - MO)Russell Halbrook, et al. v. Mallinckrodt, LLC; Cotter Corporaiton
Plaintiff-Appellants assert wrongful-death claims under the public-liability<br> provision of the Price-Anderson Nuclear Industries Indemnity Act (the “Price-<br> Anderson Act” or the “Act”) alleging exposure to nuclear radiation. See 42 U.S.C.<br> §§ 2014, 2210. Defendants moved to dismiss claims brought on behalf of persons<br> who passed away more than three years prior to the filing ... More...
$0 (04-28-2018 - MO)<b>GREEN TREE SERVICING, LLC, vs. CHICAGO TITLE INSURANCE and TITLE PRO, LLC</b> <table> <td>
In January, 2004, Borrower granted a home equity deed of trust ("Home Equity Deed of <br> Trust") to Citibank, FSB, for $40,000, which Citibank recorded in March, 2004. On February 10, <br> 2005, America’s Wholesale Lender, Appellant’s predecessor insured (“Predecessor”), loaned <br> Borrower $166,800 in order to refinance a loan secured by real property located at 407 Sun Field <br> Lane... More...
$0 (10-05-2016 - MO)State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors vs. ConocoPhillips Company and Phillips 66 Company, and Cory Wagoner
On April 23, 2013, the Board filed suit against Phillips alleging that Phillips <br> improperly obtained reimbursement from the Fund. Wagoner moved to intervene as a <br> matter of right and, with that motion, Wagoner tendered a motion to dismiss the Board’s <br> suit for the court’s consideration should intervention be granted. On November 13, 2014, <br> the trial court entered an interlocu... More...
$0 (06-28-2016 - MO)Alberta McCoy v. Albert and Patricia Lemons
efendants appeal from a judgment against them of $135,000 recovered by plaintiff, a tenant of defendants, who was injured when she fell from a balcony because defendants had failed to replace a handrail destroyed in a storm. In their brief defendants also seek to challenge the trial courts dismissal of their third party petition against Terra Nova Insurance Company. Their theory against Terra Nova... More...
$0 (08-21-1990 - MO)Western Heritage Insurance Co. v. Fun Services of Kansas City
Kansas City, MO - Eight Circuit affirms summary judgment against insured on claim for indemnity for sending junk faxes<br><br>This is a declaratory judgment action brought by an insurer concerning its duties with respect to a “junk fax” lawsuit brought against its insured. The district court2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We aff... More...
$0 (07-30-2015 - MO)Jimmie Lee Taylor v. The Bar Plan Mutual Insurance Company
An attorney advised his client to make loans both to his law firm and to a business from which he received a commission for the referral. The attorney did not make a written disclosure or advise his client to seek independent legal advice, both of which are required by the rules of professional responsibility when entering a self-interested business transaction with a client. The loans were never ... More...
$0 (03-10-2015 - MO)Developers Surety and Indemnity Company v. Woods of Somerset, LLC
This case arises from claims brought by Developers Surety and Indemnity Company ("DSI") against Daniel Waldberg, Brenda Waldberg, Barney Ashner, Marlene Ashner, and Woods of Somerset, LLC ("Appellants") related to an indemnity agreement Appellants executed in order to obtain a payment bond from DSI for the development of a subdivision. After an excavation company filed suit seeking payment for wor... More...
$0 (03-03-2015 - MO)Allstate Indemnity Company v. Levina Rice
On October 10, 2010, Levina Rice suffered significant injuries as a passenger in a one-vehicle automobile accident in Bates County, Missouri. Rice's son-in-law, Howard Wiebe, drove the vehicle, which was owned by Rice's daughter and son-inlaw, Sherry and Timothy Underwood. Both Wiebe and the Underwoods were covered by auto liability policies in effect at the time of the accident. The insurers for ... More...
$0 (06-18-2014 - MO)Martin E. and Mary E. McGonagle v. Stewart Title Guaranty Company, et al
Martin E. McGonagle, M.D. and his wife, Mary E. McGonagle appeal the trial court's summary judgment on their claims against Stewart Title Guaranty Company and Stewart Title Company d/b/a Central Texas Title for breach of contract, negligence, gross negligence, and violations of the Texas Insurance Code and Texas Deceptive Trade Practices Act. Bringing three issues, the McGonagles generally contend... More...
$0 (05-06-2014 - MO)Ricky Lee Griffitts v. James M. Campbell
Old Republic Insurance Company ("Old Republicâ€) and BNSF Railway Company ("BNSFâ€) appeal from the trial court's denial of their post-judgment motion to intervene as a matter of right under Rule 52.12(a)(2)1 in a personal injury and property damage lawsuit brought<br><br>1 References to rules are to Missouri Court Rules (2013).<br><br>2<br><br>by Ricky Lee Griffitts ("Griffittsâ€) ... More...
$0 (02-06-2014 - MO)Macheca Transport Company v. Philadelphia Indemnity Ins.
This is an insurance coverage dispute between Macheca Transport Company (Macheca) and Philadelphia Indemnity Insurance Company (Philadelphia) arising from an ammonia leak which occurred in a refrigerated warehouse in November 2001. The dispute has resulted in extended litigation. An initial appeal to our court reversed a summary judgment in favor of Philadelphia. See Macheca Transp. v. Phila. Inde... More...
$0 (11-21-2013 - MO)Rebecca Floyd-Tunnell v. Shelter Mutual Insurance Company
Rebecca Floyd-Tunnell and Doris Floyd ("Appellants") appeal the circuit court's grant of summary judgment in favor of Shelter Mutual Insurance Company ("Shelter") on their claim to recover up to the uninsured motorist ("UM") coverage limits on two insurance policies for the wrongful death of Jerry L. Floyd. The court determined that a partial exclusion in both policies limits Shelter's liability f... More...
$0 (11-12-2013 - MO)Terry Hornbeck v. Spectra Painting, Inc.
This workers' compensation appeal raises the question of whether the 15-percent statutory violation penalty under section 287.120.41 applies to an employee's compensation award from the Second Injury Fund (SIF).2 This Court finds that the section 287.120.4 penalty is inapplicable to the claimant's award from the SIF.<br> <br> For the reasons explained below, the Labor and Industrial Relations Comm... More...
$0 (07-11-2012 - MO)Lisa Grissom v. First National Insurance Agency
Lisa Grissom (Grissom) filed a garnishment action against General Insurance Company of America (GICA) seeking to satisfy a judgment entered on Grissom's Missouri Human Rights Act (MHRA) claim (hereinafter referred to as the underlying judgment) from a GICA insurance policy. Both parties moved for summary judgment, and the trial court entered judgment in Grissom's favor. None of the material facts ... More...
$0 (05-16-2012 - MO)Moore Automotive Group, Inc. v. Julie D. Lewis
Julie Lewis (Defendant) appeals the trial court's grant of summary judgment to Moore Automotive Group, LLC (Plaintiff) in the amount of $2,401,432.35 on its claims for conversion and breach of fiduciary duty. Defendant contends the trial court improperly relied on the collateral source doctrine to preclude Defendant from introducing evidence of payments that Plaintiff received from other sources a... More...
$0 (03-20-2012 - MO)P.L.S. v. Chris Koster
This case presents the issue of whether the holder of a judgment obtained against a school district's former bus driver is entitled to collect that judgment from the State Legal Expense Fund, established by section 105.711 RSMo.1<br><br>Factual Background<br><br>In the fall of 2006, Robert Griffith, a school bus driver for the Doniphan R-I School District, molested a four-year-old preschool girl (... More...
$0 (12-13-2011 - MO)Kansas City University of Medicine and Biosciences v. Karen L. Pletz
While she was President and Chief Executive Officer of Kansas City University of Medicine & Biosciences ("KCUMBâ€), Appellant Karen Pletz came under investigation concerning allegations of excessive compensation and improper reimbursement of personal expenses. Although KCUMB initially advanced Pletz"s legal expenses, it later terminated her employment and ceased the advance payment of her leg... More...
$0 (11-01-2011 - MO)David Adams v. Timothy King d/b/a T.K. Stucco
This is the third appeal from a dispute between the victims of an automobile accident, David, Landon, and La Crysta Adams (collectively "Victimsâ€), and the Victims' insurance carrier, Shelter Mutual Insurance Co. ("Appellant Insurance Carrierâ€), over the uninsured motorist coverage in Victims' policies. In the first appeal, we found that under Appellant Insurance Carrier's policies, th... More...
$0 (11-09-2011 - MO)Luke Roth v. J.J. Brouk & Company Corporation
J.J. Brouk & Company (Employer) and its insurer appeal the order of the Labor and Industrial Relations Commission denying their motion to approve a structured settlement with the family of deceased employee Luke Roth.1 We reverse and remand.<br><br>Background<br><br>Luke Roth was exposed to asbestos while working for Employer between 1972 and 1976. He later developed lung cancer and died in 2002. ... More...
$0 (11-15-2011 - MO)American National Property and Casualty Company v. Ensz & Jester, P.C.
This case involves a professional negligence claim, a breach of fiduciary duty claim, and a breach of contract claim. The issue is whether and to what extent section 537.0601 bars recovery on the claims. That section discharges a settling tortfeasor from liability to a second tortfeasor when the liability is based in contribution or indemnity for the same injury to which the settlement agreement a... More...
$0 (10-26-2011 - MO)Employers Reinsurance Company v. Massachusetts Mutual Life Ins.
ERICKSEN, District Judge. The primary issue in this appeal is whether a reinsurance agreement between Employers Reinsurance Company ("ERCâ€) and Massachusetts Mutual Life Insurance Company ("Mass Mutualâ€) contains a follow-the-settlements provision. Granting partial summary judgment in Mass Mutual's favor, the district court2 concluded that it does. The district court also concluded tha... More...
$0 (09-07-2011 - MO)Macheca Transport Company v. Philadelphia Indemnity Ins.
Macheca Transport Company and David and Starlin Macheca (Macheca) sued Philadelphia Indemnity Insurance Company (Philadelphia) seeking insurance coverage for damages resulting from a pipe rupture in Macheca's refrigerated warehouse. After we reversed the original grant of summary judgment in favor of Philadelphia, see Macheca Transp. Co. v. Phila. Indem. Ins. Co., 463 F.3d 827 (8th Cir. 2006) (Mac... More...
$0 (08-09-2011 - MO)Troy Myers v. Farm Bureau Town & Country Insurance Company of America
Plaintiff Troy Myers (Myers) brought suit against defendant Farm Bureau Town & Country Insurance Company of Missouri (Farm Bureau) following Farm Bureau's denial of Myers' personal property claim after a fire loss. A jury found in favor of Myers for breach of contract and vexatious refusal to pay, and the trial court entered judgment according to the jury's verdict. Farm Bureau appealed, and Myers... More...
$0 (07-19-2011 - MO)Viasystems v. EBM-Papst
Viasystems, Inc., a Missouri-based corporation, filed suit against EBM-Papst St. Georgen GmbH & Co., KG ("St. Georgenâ€), a German corporation, alleging several claims in contract and tort. The district court1 concluded that it had neither specific nor general personal jurisdiction over St. Georgen and granted its motion to dismiss. Viasystems appeals, and, for the following reasons, we affir... More...
$0 (07-21-2011 - MO)Addrea Stewart v. Mark Royal
Addrea Stewart appeals the circuit court's grant of summary judgment in favor of the Respondent, American Family Mutual Insurance Company ("American Family"), denying uninsured motorist coverage for the death of her son under her automobile insurance policy. We affirm the grant of summary judgment.<br> <br> Statement of Facts On November 2, 2006, Brendan Johnson was killed when a vehicle driven by... More...
$0 (07-12-2011 - MO)Monarch Fire Protection Dist. v. Freedom Consulting & Auditing
Monarch Fire Protection District of St. Louis County, Missouri, appeals several adverse rulings in favor of Freedom Consulting & Auditing Services, Inc., Brett Turner, Freedom's owner, and Karen Indellicati, a Freedom employee. We affirm the district court.1<br><br>I.<br><br>The International Association of Firefighters Local 2665 (the "Firefighter Unionâ€) represents Monarch's employees. The... More...
$0 (07-07-2011 - MO)Hawkeye-Security Insurance Co. v. Donald Bunch
Midwestern Indemnity Company and Hawkeye-Security Insurance Company brought this declaratory judgment action seeking a determination that there was no coverage for an accident involving a company car driven by Daniel Brandt and injuring Donald Bunch. Donald and his wife Patricia were both employed by the insured, The Installers Company (Installers). She had limited permission to drive the company ... More...
$0 (07-07-2011 - MO)Lyle Browning v. Guideone Specialty Mutual Insurance Company
This is a declaratory judgment and vexatious refusal to pay action based on disputed insurance coverage for an accident that occurred when a motorcycle was run off the road by another vehicle. GuideOne Specialty Mutual Insurance Company ("GuideOneâ€), insured the motorcycle and appeals the judgment of the trial court, which after a bench trial found in favor of Lyle and Linda Browning ("Plain... More...
$0 (06-07-2011 - MO)Ericka J. Sauvain v. Acceptance Indemnity Insurance Company
This is an action in equitable garnishment based on disputed insurance coverage for an automobile accident. Acceptance Indemnity Insurance Company ("Acceptanceâ€) appeals the judgment of the trial court, which granted summary judgment in favor of Amy Sauvain, Ericka Sauvain, and Bonnie Hughes (collectively "Plaintiffsâ€), and denied Acceptance"s cross-motion for summary judgment, as it p... More...
$0 (04-12-2011 - MO)Staci M. Lewis v. Nathan E. Gilmore
Stacey M. Lewis and her daughter, McCartney M.E. Lewis, appeal the circuit court's grant of summary judgment in favor of Buddy Freeman in regard to the Lewises' wrongful death action. DOT Transportation, Inc., also appeals the circuit court's grant of summary judgment in favor of Freeman. The circuit court found that the Lewises had made an election of remedies when they obtained a workers' compen... More...
$0 (04-12-2011 - MO)Angelique Patrick v. Monte Owens Agency, Inc.
Angelique Patrick ("Patrick") filed suit against Monte Owens ("Owens"), the Monte Owens Agency, Inc. ("Agency"), and the Missouri Property Insurance Placement Facility ("MPIP"), for breach of contract, reformation, negligence, and fraudulent misrepresentation. Patrick claimed she had obtained high risk homeowner's insurance from Owens and Agency through MPIP. Shortly after meeting with Owens, Patr... More...
$0 (02-22-2011 - MO)The Weitz Company v. MH Washington
The Weitz Company, LLC, sued MH Washington, LLC, MacKenzie House, LLC, and Summit Steel Fabricators, Inc., for breach of contract. The jury returned verdicts for Weitz against MH Washington/MacKenzie House (for $981,976) and against Summit Steel (for $326,839). The jury also found for MH Washington/MacKenzie House on its breach-of-contract counterclaim against Weitz (for $285,400.07). The district... More...
$0 (01-07-2011 - MO)