Experience
Summary Judgment Granted for Insurer on Specified Premises Endorsement
Suit was filed against an insured following an automobile accident involving a fatality. Client insurer filed a declaratory judgment action in the United States District Court for the District of Kansas concerning interpretation of the Specified Premises Endorsement in a commercial general liability insurance policy. Competing cross motions for summary judgment were filed. The court granted the client’s motion for summary judgment and denied the competing motion for summary judgment.
Summary Judgment Granted for Insurer on Definition of “Occupying”
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.
Secured Unconditional Defense Coverage from Insurer for Client
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.
Dismissal in Consumer Class Action Lawsuit for Sporting Goods Retailer
Secured the dismissal of a consumer protection and class action lawsuit against a major sporting goods and outdoor equipment retailer filed in the U.S. District Court for the Western District of Missouri. The matter specifically involved claims of alleged violation of the Missouri Merchandising Practices Act, unjust enrichment, and violation of consumer protection laws in 21 other states. The plaintiff sought to represent a nationwide class of customers seeking millions of dollars in damages for alleged violations of various states consumer protection statutes. The court granted the client’s motion to dismiss, and the plaintiff did not appeal or seek leave to amend.
Successful Intervention Under Amended 537.065 and Then $8 Million Award in Arbitration Action
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.
Represented Guardrail Manufacturer in Product Liability Lawsuit
Represented a manufacturer of guardrails in an ongoing product liability lawsuit concerning the design and testing of end terminals and compliance with federal and state transportation regulations where manufacturer was facing claims in multiple states and sold its products internationally.
