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Unbeknownst to most Americans, including attorneys, exists the Qui Tam provision of the False Claims Act (FCA), which provides a useful whistle-blower tool that can both combat government-related fraud, and potentially make private citizens a lot of money. The...
In a recent unanimous opinion authored by Justice Michael Burke, the Illinois Supreme Court answered the certified question of whether an insurer may depreciate labor costs in determining the “actual cash value” (ACV) of a covered loss when a homeowner’s policy does...
Earlier this summer, the Eighth Circuit Court of Appeals issued a decision upholding the “Per Occurrence” limits of liability for underinsured motorist coverage under Missouri law. In Brazil v. Auto-Owners Ins. Co., the Eighth Circuit reversed the decision entered by...
On August 28, 2021, the State of Missouri put into effect the “Missouri Statutory Thresholds for Settlements Involving Minors Act.” This Act impacts the way that minor settlements are handled in the State of Missouri. Most importantly, court approval is no longer...
After a five-day trial, jurors needed only a few minutes to return a defense verdict for BNSF Railway Company (“BNSF”) in a lawsuit in which a former employee claimed that exposure to toxic substances caused her lung cancer. Chad Knight and Erik Nelson of Knight...
On August 31, 2021, the Missouri Court of Appeals for the Eastern District issued an opinion that serves as a stark reminder about the need to keep claims handling and coverage advice separate. In State ex rel. Kilroy Was Here, LLC v. Moriarty, the court reversed the...
On August 28, 2021, changes to Missouri’s Valued Policy (“Total Loss”) Statute (§379.140 RSM0) and Partial Loss Statute (§379.150 RSMo) went into effect. The new version of the Partial Loss Statute arguable governs all partial fire losses losses after August 28, 2021....
On August 28, 2021, the amendments to Missouri's Section 537.065 went into effect. The statute is frequently used to set up insurance companies for bad faith through "friendly" proceedings between claimant and tortfeasor. Amendments to Section 435.415 relating to...
Knight Nicastro MacKay is proud to announce that 4 of its attorneys were selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America®, one of the legal profession’s oldest and most respected peer-review publications. Chad Knight of Boulder...
St. Louis attorneys Elaine Moss and Katie McCarthy recently obtained dismissal of business interruption coverage claims based upon the COVID-19 pandemic. The insured, owner of several hair salons in the St. Louis area, sued its insurer for breach of contract, breach...