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.

Summary Judgment on $21+ Million Vexatious Refusal Claim

Secured summary judgment for insurer regarding in a high-stakes insurance coverage/vexatious refusal action arising from a class action. The plaintiff had sought more than $21 million from the insurer client ostensibly for damages incurred litigating and settling an $80+ million consumer class action suit alleging violations of the Uniform Commercial Code.

$2 Million Defense Verdict for Insurance Client

Defended an insurance company in an attempt by another insurer to recover a majority of $2 million in defense costs incurred while defending a co-insured in a class action lawsuit. After an unsuccessful mediation and substantial summary judgment briefing, the Jackson County Circuit Court entered judgment in the client’s favor, adopting the argument that the client had no duty to defend because the underlying lawsuit's allegations did not allege facts to bring it within coverage.

Successful Intervention Under Amended 537.065 and Then Win on the Merits

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.

Successful Resolution of Telephone Consumer Protection Act (TCPA) Class Action

Secured a less than cost of defense settlement for client that was sued in a putative nationwide class action for alleged extensive intentional violations of the TCPA for advertisements sent to prospective customers by facsimile.

Summary Judgment for Insurance Client

Secured a summary judgment for insurance company in a case before the U.S. District Court for the District of Kansas. The matter involved a traffic accident in which the plaintiffs recovered the full policy limits under the insured's business auto policy, but their claim was denied under the insured's general liability policy. The Court found that the general liability policy's auto and mobile equipment exclusions applied in this case.

Summary Judgment in a $25+ Million Suit for Insurance Client

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.

Win On Significant Coverage Appeal

Obtained win in the appellate court after tort plaintiff was unsuccessful in his trial court coverage challenges, centered on the concurrent proximate cause doctrine. The insurance client had Armstrong Teasdale take over the matter on appeal involving artful pleading by the plaintiff and close questions of Missouri law.

Win at Trial and Then Appeal in Putative Class Coverage Suit

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.

Secure Reversal in Favor of Insurance Client on $10 Million Appeal

Part of the team that secured reversal in the Court of Appeals of a $10 million coverage ruling involving complex indemnity relationships and competing towers of insurance coverage. The Court of Appeals ruled in favor of our insurance client based on applications of the anti-subrogation rule and the rule against circuitous actions.

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