Missouri Court of Appeals, Western District / Jun 17, 2025
Financial Credit Investments II, Trust E, sued the Estate of Georgia Towers and Edwin Towers in Jackson County, Missouri, seeking a declaratory judgment regarding a $5 million life insurance policy and indemnification. The Estate moved to dismiss, citing parallel litigation in Minnesota and Delaware concerning whether the policy was an unlawful "stranger originated life insurance" (STOLI) policy. The circuit court dismissed Financial Credit's action, and the appellate court affirmed, holding that the dismissal was a proper exercise of discretion under the comity doctrine given the pending out-of-state litigation, similar issues, and Delaware's greater interest.
Missouri Court of Appeals, Eastern District / Apr 22, 2025
Jeremy and Stephanie Scott sued Farm Bureau Town and Country Insurance Co. of Missouri, seeking coverage and indemnification for a car accident, alleging their policy was in effect. Farm Bureau moved for summary judgment, claiming it had non-renewed the policy by mailing notice. The Scotts denied receiving notice and argued Farm Bureau's notice method did not comply with statutory requirements. The appellate court reversed the summary judgment, finding genuine issues of material fact regarding whether the notice of non-renewal was properly sent as required by law.
Supreme Court of Missouri / Mar 4, 2025
The Office of Chief Disciplinary Counsel alleged attorney Paul Eric Petruska violated several Rules of Professional Conduct. The disciplinary hearing panel recommended an indefinite suspension with a three-year stay and probation, which Petruska accepted, but OCDC rejected. The Missouri Supreme Court, conducting a de novo review, found Petruska violated Rules 4-1.2(a), 4-1.3, 4-1.4, 4-3.3, and 4-8.4(c) by settling a case without client authority, misrepresenting facts to the court and clients, and engaging in dishonest conduct. The Court determined disbarment was the baseline sanction under ABA Standard 6.11, making Petruska ineligible for probation, and ultimately imposed an indefinite suspension with no leave to apply for reinstatement for three years.
Supreme Court of Missouri / Dec 23, 2024
Jeromy McCrackin sued Tynan Mullen for wrongful death. Safeco Insurance Company, Mullen's alleged insurer, moved to intervene in the wrongful death action to seek a stay, pending resolution of a federal declaratory judgment action on coverage. The circuit court denied Safeco's motion. The Missouri Supreme Court vacated the judgment and remanded, holding that an insurer has a right to intervene under Rule 52.12(a)(2) for the limited purpose of seeking a stay in the underlying tort action while coverage questions are litigated.
Missouri Court of Appeals, Southern District / Dec 17, 2024
The Estate of Ralph M. Orthwein sued CFM Insurance, Inc., alleging various claims related to the insurer's failure to pay policy limits for personal property after a fire. The trial court granted summary judgment for CFM Insurance on most counts and dismissed another, finding the insurer exempt from certain Missouri insurance laws as a Chapter 380 mutual insurance company. The appellate court affirmed, holding that the Estate failed to demonstrate a genuine issue of material fact regarding whether CFM Insurance was operating under Chapter 380, despite a past failure to file amended corporate documents.
Missouri Court of Appeals, Southern District / Dec 16, 2024
Robert Hall, M.D., appealed the trial court's grant of summary judgment to UNUM Life Insurance Company of America and denial of his own motion for summary judgment. Dr. Hall sought lifetime total disability benefits under a policy rider, arguing he was "totally disabled" prior to his age-60 policy anniversary, the policy's definition of total disability was ambiguous, or a genuine dispute of material fact existed. The appellate court affirmed the trial court's judgment, finding no merit in Dr. Hall's arguments regarding policy interpretation or the existence of a factual dispute.
Supreme Court of Missouri / Nov 19, 2024
Yolanda Bell filed a class action lawsuit against Shelter General Insurance Company, alleging breach of contract for failing to include taxes and fees for a replacement vehicle in its payments for total loss claims. The circuit court dismissed Bell's petition without prejudice, concluding she failed to state a claim because she did not allege she had actually incurred these costs. The Missouri Supreme Court reversed, holding that Bell's petition adequately pleaded a breach of contract claim, and that the definitive interpretation of the insurance policy was premature at the motion to dismiss stage.
Missouri Court of Appeals, Southern District / Nov 12, 2024
Robert Bingham obtained a default judgment against National Liability & Fire Insurance Company in an equitable garnishment action after National failed to respond to the second garnishment petition. National moved to set aside the default judgment, arguing extrinsic fraud and that the trial court should consider grounds beyond fraud under Rule 74.06(d). The appellate court affirmed the trial court's denial, holding that National failed to demonstrate it was free of fault, neglect, or inattention, a prerequisite for equitable relief under Rule 74.06(d). The court also declined to expand the application of Rule 74.06(d) beyond established precedent.
Missouri Court of Appeals, Western District / Oct 29, 2024
Jill Mabie filed a wrongful death action against Somona Mason after Mason caused the death of Mabie's husband in a motor vehicle accident. After a jury awarded Mabie $40,000,000 in damages, the trial court also awarded prejudgment interest. Mason appealed, arguing that Mabie's settlement offer did not comply with section 408.040, RSMo, because she failed to send a certified copy to Mason's insurer and failed to attach a list of employers. The appellate court affirmed the trial court's judgment, finding that Mabie's offer complied with the statute.
Missouri Court of Appeals, Western District / Sep 17, 2024
Farmers Insurance Company appealed the trial court's grant of summary judgment in favor of the Sykoras on their equitable garnishment claim, which the trial court certified as final for appeal under Rule 74.01(b). This was Farmers' second attempt to appeal the judgment. The appellate court dismissed the appeal for lack of jurisdiction, holding that the trial court's Rule 74.01(b) certification was ineffective because the judgment did not dispose of a distinct "judicial unit," as the Sykoras' bad faith failure to settle claim against Farmers remained pending and arose from the same facts and transactions.
Missouri Court of Appeals, Southern District / Aug 20, 2024
Sammy Woods sued Trader's Insurance Company for breach of contract and vexatious refusal to pay after his claim for vehicle damage from an accident was denied. The insurer argued coverage was excluded under the policy's business and delivery exclusions. The circuit court granted summary judgment for Woods on the breach of contract claim. The appellate court reversed, finding that Woods's use of the vehicle to transport chickens for trade constituted a "delivery related business" under the policy's exclusion, thus precluding coverage.
Missouri Court of Appeals, Southern District / Aug 15, 2024
Lana Sloan appealed from a summary judgment in favor of Farm Bureau Town and Country Insurance Company of Missouri. Sloan sought medical payments coverage under a policy held by Joseph Webb after she was bitten by a dog owned by Webb's tenant, Jesse Clark, while on a public roadway adjacent to the insured premises. The circuit court granted summary judgment to Farm Bureau, finding the dog was not a "condition on the insured premises" as required for coverage. The appellate court affirmed, concluding that the policy language, consistent with common understanding and prior case law, does not include mobile property like a dog as a condition on the premises.
Missouri Court of Appeals, Western District / Jul 23, 2024
Benjamin Metzger, through his mother, obtained a default judgment of $900,000 against United Services Automobile Association (USAA) for underinsured motorist coverage. USAA moved to set aside the default judgment, arguing improper service, lack of personal jurisdiction, due process violations, and that the judgment improperly stacked policy limits and lacked evidentiary support for damages. The appellate court affirmed the denial of USAA's motion, holding that USAA failed to provide evidence to support its claims of improper service and that its other arguments were unpreserved merits defenses not cognizable under Rule 74.06(b)(4).
Supreme Court of Missouri / Apr 30, 2024
Sanford Sachtleben and Luciann Hruza (Buyers) purchased land with a barn, which was later found to violate city zoning ordinances. Buyers sued Alliant National Title Insurance Co. (Alliant) for breach of a title insurance policy after Alliant refused to defend them in a lawsuit brought by the City of New Melle. The circuit court granted partial summary judgment for Alliant, concluding the policy provided no coverage. The Missouri Supreme Court affirmed, holding that the policy unambiguously required a recorded notice in the public records for coverage under Covered Risk 5, and that Exclusion 1(a) precluded coverage under Covered Risks 2 and 3 for ordinance violations.
Missouri Court of Appeals, Eastern District / Mar 5, 2024
Opioid Master Disbursement Trust II appealed the trial court's dismissal of its petition for declaratory judgment against various insurers. The Trust sought a declaration of coverage obligations under insurance policies related to opioid mass tort claims. The appellate court affirmed the dismissal, holding that a clear and unambiguous forum selection clause in the insurance contracts mandated litigation of disputes in England or Wales, and the Trust failed to show the clause was unfair or unreasonable.
Missouri Court of Appeals, Western District / Feb 20, 2024
Shelter Mutual Insurance Company appealed a summary judgment holding that a minor child was not a resident of her natural father's household for purposes of an insurance policy exclusion, after the child was injured on the father's property. The trial court had granted summary judgment for the respondents and denied Shelter's cross-motion. The appellate court affirmed in part and reversed in part, remanding the case for further proceedings, holding that summary judgment was improper because the ultimate factual determination of the child's residency remained in dispute, even with stipulated facts.
Missouri Court of Appeals, Eastern District / Feb 20, 2024
Michael and Jane Megown appealed the trial court's allocation of settlement funds to their insurer, Auto Club Family Insurance Company, as subrogee, from a settlement with a third-party tortfeasor. The Megowns argued that subrogation of personal injury claims is prohibited, and their settlement included such claims. The appellate court affirmed the trial court's judgment, holding that the trial court properly allocated the settlement funds, respecting the ban on personal injury subrogation while allowing the property damage subrogation.
Missouri Court of Appeals, Southern District / Jan 9, 2024
Thomas Ash and other plaintiffs brought an equitable garnishment suit against General Casualty Company of Wisconsin, seeking to recover on a judgment they obtained against General Casualty's insured, All-Iowa Contracting Company. The circuit court ruled in favor of General Casualty, finding its policy limits for bodily injury had been exhausted by payments to other claimants. The appellate court affirmed that the bodily injury limits were exhausted. However, it reversed in part, holding that the insurer was obligated under a supplementary payments endorsement to pay court costs and post-judgment interest on the plaintiffs' judgment, but not prejudgment interest. The case was remanded for calculation of these amounts.
Missouri Court of Appeals, Western District / Oct 31, 2023
Janet Perea and Mav Mirfasihi appealed a summary judgment granted to Progressive Northwestern Insurance Company regarding Perea's personal injury protection (PIP) benefits. Appellants claimed Progressive breached its insurance contract by failing to timely pay benefits and violated the attorney lien statute by paying a medical provider directly. The appellate court affirmed the summary judgment, finding Progressive had reasonable proof for its payment delays and that Kansas law, which allows assignment of PIP benefits, applied to the insurance contract between Kansas residents.
Missouri Court of Appeals, Western District / Oct 10, 2023
Roslyn T. Barnes sued Athene Annuity & Life Assurance Company for damages related to asbestos exposure and mesothelioma. Athene moved for summary judgment, asserting that workers' compensation was Barnes's exclusive remedy due to an insurance policy with enhanced mesothelioma benefits. The trial court granted summary judgment for Athene. The appellate court reversed, finding genuine issues of material fact regarding the authenticity and validity of Athene's purported workers' compensation insurance policy and remanded the case, including Barnes's motion for sanctions, for further proceedings.
Missouri Court of Appeals, Southern District / Sep 26, 2023
Dorothy Ross sued Venerable Insurance and Annuity Company, alleging breach of contract for failing to pay her as the named beneficiary under a Flexible Premium Deferred Annuity Contract after her husband's death. The trial court granted summary judgment for Ross, finding the contract ambiguous. The appellate court reversed, holding that the contract's plain language unambiguously stated that Venerable's payment obligations ceased upon the annuitant's death after the minimum 120 monthly payments had been made. The case was remanded with directions to enter judgment for Venerable.
Missouri Court of Appeals, Western District / Sep 12, 2023
The City of Kansas City sought contractual indemnity from Concentra Medical Centers for costs incurred in an employment discrimination lawsuit against the City. The circuit court granted summary judgment to Concentra, finding that the contractual indemnity provisions, as modified by Concentra's proposal and an additional insured endorsement, did not obligate Concentra to indemnify the City for liability arising from the City's own actions. The appellate court affirmed, concluding that the City's liability in the underlying discrimination case stemmed solely from its own conduct, not from Concentra's actions.
Missouri Court of Appeals, Eastern District / Aug 1, 2023
Mark and Barbara Brommelhorst sued Automobile Club Inter-Insurance Exchange (Auto Club) for uninsured motorist coverage and Danielle Johnson for wrongful death after Johnson struck and killed their son, Gabriel Brommelhorst. Johnson was uninsured and defaulted in the proceedings. The trial court denied Auto Club the opportunity to contest Johnson's liability and entered judgment for the Brommelhorsts. The appellate court reversed, holding that Auto Club, as a named defendant, had the right to contest Johnson's liability and was not bound by her admissions by default.
Missouri Court of Appeals, Eastern District / Jul 25, 2023
Sanford Sachtleben and Luciann Hruza purchased property with a barn that violated zoning ordinances, and a lawsuit was pending against the sellers. They bought a title insurance policy from Alliant National Title Insurance Co., which refused to defend them in the lawsuit, claiming lack of proper notice. The trial court granted summary judgment for Alliant National, but the appellate court reversed, holding that Alliant National's actual notice of the lawsuit, through its agent, was sufficient to trigger its coverage obligations under the policy.
Missouri Court of Appeals, Eastern District / Jun 20, 2023
Barbara S. Thomas sued Emir Ramushi for damages after a car accident where Ramushi admitted full liability. The trial court awarded Thomas $375.45 but allowed Ramushi a credit/set-off for $3,690.50, representing a payment from Ramushi's insurer (AAA) to Thomas's insurer (Liberty Mutual) for vehicle damage. The appellate court reversed, holding that Liberty Mutual lacked authority to settle Thomas's claims without her consent, and that allowing the credit violated the collateral source rule by impermissibly relying on evidence of payments from a collateral source.
Missouri Court of Appeals, Western District / May 9, 2023
Dale and Elaine Meller sued Ashley Farm Services for negligence after the wrong herbicide was sprayed on their soybean crop, resulting in total loss. After Ashley Farm's insurer, MUSIC, denied coverage, the Mellers and Ashley Farm entered into a Covenant Not to Execute. MUSIC then moved to intervene, arguing an unconditional right under Section 537.065. The trial court granted intervention, but the appellate court made its preliminary writ of mandamus permanent, holding that Section 537.065 applies only to claims for personal injuries, bodily injuries, or death, not property damage.
Missouri Court of Appeals, Southern District / May 1, 2023
Courtney Garner sued AMCO Insurance Company for underinsured motorist (UIM) benefits after her son was killed in an accident with a Silverado. The Silverado's owner had a $500,000 liability policy, while Garner's AMCO policy had a UIM bodily injury limit of $50,000 per person. The trial court granted summary judgment for Garner, finding her entitled to UIM coverage. The appellate court reversed and remanded with instructions to enter summary judgment for AMCO, holding that the Silverado was not an "underinsured motor vehicle" under the unambiguous terms of the AMCO policy because its liability limit was not less than AMCO's UIM limit.
Missouri Court of Appeals, Southern District / Apr 28, 2023
Dawn Bland, an insured, sought $50,000 in uninsured motorist (UM) benefits from Progressive Casualty Insurance Company after she was injured attempting to stop the carjacking of her insured vehicle. Progressive denied coverage, arguing that the car was a "covered auto" and thus not an "uninsured motor vehicle" under the policy, and that a step-down exclusion limited recovery. The trial court granted summary judgment for Bland. The appellate court affirmed, holding that the policy's definition of "uninsured motor vehicle" violated Missouri public policy under § 379.203, and that the step-down exclusion did not apply to the facts.
Missouri Court of Appeals, Eastern District / Apr 18, 2023
Jessica and Bryan Stacy appealed the circuit court's summary judgment in favor of The Bar Plan Mutual Insurance Company in their tort action for bad faith failure to settle. The circuit court had found that a prior appellate decision collaterally estopped the Stacys' claim. The appellate court reversed, holding that neither res judicata nor collateral estoppel applied to bar the bad faith claim, as the prior decision did not adjudicate the issues necessary to preclude the separate tort action. The case was remanded for further proceedings.
Missouri Court of Appeals, Western District / Feb 7, 2023
Jane Doe sued the Kansas City Public Schools (KCPS) for negligence and other torts after a sexual assault occurred on school property. KCPS moved for summary judgment, asserting sovereign immunity, which the trial court denied. The appellate court issued a permanent writ of prohibition, holding that KCPS's insurance policies did not waive sovereign immunity, even if the policies failed to comply with statutory signature requirements. The case was remanded with instructions to enter summary judgment for KCPS.