Missouri Court of Appeals, Eastern District / Jul 16, 2019
Latronya Adams, Appellant/Cross-Respondent, vs. Certain Underwriters at Lloyd's of London, Subscribing to Certificate No. L, Respondent/Cross-Appellant, Plaza Banquet Center, Inc. d/b/a Lights on Broadway Plaza Grill and Eric Galloway, Appellants, and P & B Real Estate, LLC and Hartford Fire Insurance Company, Respondents.
Latronya Adams sued Lights on Broadway and Eric Galloway for negligence after her son was fatally shot outside a nightclub, obtaining a $5,000,000 judgment. Adams then brought a garnishment action against Underwriters, Lights on Broadway's insurer, to collect on the judgment. The appellate court affirmed the garnishment court's finding that Underwriters breached its duty to defend, but reversed its determination that the claim was barred by a Classification Limitation and that Lights on Broadway was not liable. The court also reversed the summary judgment on Adams's bad faith failure to defend claim and affirmed the dismissal of a defamation cross-claim. The case was remanded for further proceedings.