Knight Nicastro MacKay secures another victory
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Knight Nicastro MacKay secures another victory

| Jan 26, 2021 | Firm News

Jon Morrow and Katie McCarthy of Knight Nicastro MacKay’s St. Louis office secure another victory for an insurance client in an unjust enrichment claim. The Court agreed with KNM’s argument that Missouri law limited the remedies for an insurer’s alleged wrongful failure to pay a claim under the insurance policy and granted KNM’s Motion to Dismiss. USDC Judge Autrey extended the Missouri Supreme Court’s decision in Overcast v. Billings Mutual Insurance Co., 11 S.W.3d 62 (Mo. banc 2001), to equitable claims along with tort claims. In the opinion the Court stated “[a]lthough in this case the cause of action is not based in tort, rather it is an equitable cause of action, the principles and holdings annunciated in Overcast apply equally to quasi-contract. The Missouri Supreme Court was clear. The insured’s remedy is limited to that provided by the law of contract plus, if section 375.420 applies, the enhancements provided by the statute.”  Cardinal Building Materials v. Amerisure Insurance Company, Case No. 4:20-cv-963 (E.D. Mo. Jan. 14, 2021).