Insurance Coverage Litigation

Obtained summary judgment on behalf of an insurer in a garnishment action seeking to collect on a $5,150,000 arbitration award against the insured. We demonstrated that the insurer correctly denied a defense and indemnity to the insured pursuant to a household resident exclusion of a homeowners insurance policy.

Obtained judgment for seller in a declaratory judgment action involving a property and insurance dispute.

Advised an expert witness for U.K.-based insurance companies in a case brought in the U.K. courts by the insurers in connection with a multistate data breach enforcement action where the personal information of millions of consumers was exposed. Counsel was provided in regard to U.S. law concerning Section 5 of the Federal Trade Commission Act, the data breach and data security statutes of the 40 states whose attorneys general filed complaints, and the potential insurability of penalties in each of the states. The settlement reached in the case was due in large part to the insurability analysis, which was key during negotiations.

Plaintiffs filed suit against client insurer for vexatious refusal to pay uninsured motorist benefits under a commercial auto policy. At issue was whether the insured was “occupying” his vehicle, as the term was defined in the policy, when he was hit by an unknown driver. Client insurer filed a motion for summary judgment. The United States District Court for the Eastern District of Missouri granted the client’s motion for summary judgment and plaintiffs did not appeal.

The Missouri Court of Appeals for the Eastern District affirmed a judgment dismissing a case against an insurance company client with prejudice as sanctions for failure to appear. The Eastern District stated the trial court did not abuse its discretion in issuing sanctions and dismissing the case.

Client company and its executives were sued by a former employee for various claims arising from allegations of sexual harassment. The client’s insurer denied coverage. After prevailing upon the insurer to withdraw its disclaimer, the insurer agreed to provide an unconditional defense and indemnity for the claims against the client.

Served as counsel to insured under owner’s policy in successfully affirming trial judgment denying adverse possession as to a permissive use easement.

Successfully intervened in underlying tort suit on behalf of insurance company following insured’s entry into R.S.Mo. 537.065 agreement. We later obtained summary judgment on claims against insured and then secured affirmance of that judgment on appeal.

Successfully intervened in arbitration approval action on behalf of insurance company months after alleged insured entered into R.S.Mo. 537.065 agreement. Following intervention, the court vacated its judgment approving an $8 million arbitration award against the alleged insured.     

Secured a summary judgment for insurance client in a Missouri state court case where the insureds had entered agreements under R. S. Mo. 537.065 with the tort plaintiff, who had been wrongfully imprisoned nearly 20 years, leading to a $25 million judgment against the insureds. The matter involved trigger issues and number of occurrences, and the Court accepted the insurer’s argument that under applicable law there was only one trigger and that preceded the insurer’s earliest policy period.

Successfully fended off class certification in the trial court, forcing a de minimis judgment on the individual claim, and then secured an appellate win in the appeal from the same. The suit involved policy construction and ambiguity claims, with the appellate court ruling against application of the contra proferentem doctrine in light of our policy construction arguments.