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...
Month: September 2021

Eighth Circuit Hands Welcome Win to UIM Insurers, Reversing Western District’s Decision on “Per Occurrence” Limits of Insurance Provisions
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...

A Major Change for Minor Settlements
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...

KNM Secures Defense Verdict for Class 1 Railroad in Toxic Exposure Cancer Lawsuit
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...
Missouri Court Revisits The Privileged Relationship Between An Insurance Company And Its Outside Counsel
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...

Fixing What’s Broken and Breaking What’s Fixed: Significant Changes to Statutes Governing Total and Partial Losses Could Impact Missouri Claims Moving Forward
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....
Let’s Try This Again: New Law Attempts to Fix Loopholes in Missouri Bad Faith Law
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...
KNM Attorneys Named Among 2022 ‘Best Lawyers in America’
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...