Thomas Phelps Foundation v. Custom Insurance Company, Inc.

Tortious interference with business expectancy. On February 22, 1994, plaintiff's employee Allen Butler, reinjured his shoulder while working on the Mission Hlls subdivision. Butler had previously filed a workers' compensation claim on November 11, 1992 for a should injury he sustained while working for plaintiff. He filed a new claim for the 1994 injury. Continental originally denied the claim on the bais that no coverage existed for the loss because the policy had been conceled on November 14, 1993. Shortly after the claim was made, Continental contacted Custom Insurance Company and told it that plaintiff's workers compensation insurance had been canceled prior to the claim, and that the claim was therefore not covered. Custom notified various contractors that plaintiff did not have workers' compensation insurance which resulted in it being asked to leave several job sites. Plaintiff filed an action seeking damages for libel and tortious interference with a business expectancy against Custom and its agent, Joe Whaley, as well as Continental.

Verdict for plaintiff against Continental and in favor of Custom and its agent in the amount of $90,000.00.

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Reversed and remanded by the Missouri Court of Appeals, Eastern District, Division Two. See: 977 S.W.2d 33 (Mo.App. E.D. 1998). The date shown above is the date of the appellate court decision and not the trial date.