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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...
After opioid lawsuits ravaged large pharmaceutical companies, companies such as Purdue Pharma sought chapter 11 bankruptcy protections. In June, Judge Robert Drain in the Southern District of New York determined Purdue Pharma’s insurance coverage was not critical to...
In Kansas, leaving a vehicle running while unattended violates K.S.A. § 8-1573. When an insured leaves a vehicle running while going into a store, and the vehicle is stolen and the getaway driver injuries a third party, a negligence per se claim may be brought....
The 8th Circuit recently issued a groundbreaking opinion in favor of the insurance carrier that is sure to affect COVID-19 Business Interruption cases across the county. In Oral Surgeons, P.C. v. Cincinnati Insurance Company, the 8th Circuit rejected a policyholder’s...
In a private company, voting shares are typically held by a small group of individuals representing majority ownership. Minority shareholders, on the other hand, may have far smaller investments in the company. While minority shareholders may be comfortable having...
Missouri’s Eastern District Court of Appeals recently held the plain and ordinary meaning of Mo. Rev. Stat. §§ 408.040 and 537.058 did not evidence legislative intent that settlement offers made pursuant to these statutes be irrevocable or non-rejectable as a matter...