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Katie McCarthy and Jon Morrow of KNM’s St. Louis office recently obtained partial summary judgment on vexatious refusal claims in front of the Western District of Missouri. The insured-plaintiff sought insurance coverage for property damage caused by fire, freeze, and...
The media focus on the Supreme Court’s recent ruling in West Virginia v. EPA has fallen mostly on how it weakened the EPA’s ability to fight climate change. However, that’s not all it did. Business owners might be interested in how the Supreme Court used the case to...
Jon Morrow, Elaine Moss, and Killian Walsh of KNM's St. Louis office recently secured summary judgment in the Western District of Missouri. In the case, the insured argued that it was entitled to a six-figure cost under the code upgrade coverage for “demolition” for...
In a previous blog, we looked at the way the Colorado Court of Appeals explored the idea of causation in premises liability. However, the question of causation was not the only matter under review in the case. In Martinez v. Cast, the plaintiff claimed that a...
The Colorado Court of Appeals recently reviewed and reversed the summary judgment made in favor of a landowner in a premises liability case. The case, Martinez v. Cast, centered around the injuries to two children whose mother had pushed them out of a window to avoid...
In a recent opinion, the United States Court of Appeals for the Second Circuit set forth a new standard for reinsurance limits. Reinsurers should no longer presume there’s a cap on their exposure to defense costs. This means that the decisions from Bellefonte v. Aetna...
Killian Walsh of KNM's St. Louis Office recently secured summary judgment in Kansas state court. In the case, the plaintiff brought suit against the insured after falling off a ladder at the insured's property, alleging that the insured failed to warn of the dangers...
This April, in an evenly split decision, the Supreme Court affirmed the Seventh District’s opinion in the case of LeDure v. Union Pacific. At the crux of this argument was the question whether a stopped train could be “in use” per federal labor law. With this ruling,...
On April 12, 2022, the Circuit Court of Cook County vacated the November 5, 2021 “Law Division General Administrative Order 21-3” as well as its requirement to use its corresponding HIPAA Protective Order. The order to vacate comes only 5 months after its highly...
The Court of Appeals for the Western District of Missouri recently handed down its decision in Yuncker et al. v. Dodds et al. in which it found that an insurer lacked standing to appeal the circuit court’s failure to rule on its motion to intervene filed after entry...