Benchmark Insurance Company Missouri Cases

James and Hadley Maloney sued Benchmark Insurance Company for bad faith failure to settle an insurance claim within policy limits, stemming from an underlying auto accident where Benchmark's insured was found liable. Following a jury verdict for Benchmark, the Plaintiffs moved for a new trial, alleging attorney misconduct by Benchmark's counsel, including repeated violations of pretrial rulings and improper adverse inference arguments. The trial court denied the motion, and the appellate court affirmed, finding no abuse of discretion in the denial because Plaintiffs waived their right to a new trial by not requesting a mistrial and failed to show prejudice.