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Insurance Coverage & Bad Faith

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About

We provide our clients with in-depth coverage opinions relating to complicated factual scenarios and complex legal issues. Our expertise in and extensive knowledge of insurance law qualifies us to provide our clients with cost-effective, yet sophisticated, coverage analysis. We regularly provide counsel and opinions in regard to the following: commercial general liability insurance, financial loss insurance, professional liability, directors and officers liability, title insurance, property insurance, automobile insurance, excess, umbrella and self-insured risk. In addition we counsel our insurance clients on complex risk transfer issues relating to contractual indemnity and other insurance.

When the claim moves to a suit, we’re prepared because we have considerable experience in defending insurers in both first-party and third-party “bad faith” and extra-contractual litigation. Furthermore, we have been involved in representing insurance carriers in hundreds of lawsuits in Missouri as well as Illinois and Kansas relating to litigating insurance coverage issues.

Our lawyers write the premier blog in the United States focused on claims for bad faith and extra contractual damages: www.badfaithblog.net.

A sample of our recent successes appears below.

Successes

 

  • American Family Mutual Insurance Company v. Vein Centers for Excellence, Inc. and St. Louis Heart Center, Inc.: The 8th Circuit ruled in favor of American Family on January 3, 2019 (No. 17-3266). In the soon to be published opinion unanimous court affirmed a Missouri federal court’s ruling that the TCPA exclusion had been timely added to the business owners’ policies, barring coverage for the TCPA claim asserted in the underlying class action case.
  • Obtained defense verdict after jury trial in U.S. District Court of Eastern Missouri in first-party fire damage case. Plaintiff and its public adjuster contended Plaintiff was entitled to recover substantially more than what our insurance carrier client paid during the claims process for the damage to three apartment buildings in the 32 building apartment complex.
  • Obtained summary judgment in the City of St. Louis for an insurer in a breach of contract and equitable garnishment suit relating to alleged coverage for a third-party claim stemming from a personal injury to a co-employee which resulted in a $750,000 judgment against the alleged insured. The summary judgment was appealed by the opposing party. The summary judgment was affirmed by the Missouri Court of Appeals.
  • Obtained summary judgment for an insurer in a declaratory judgment action filed in the U.S. District Court for the Western District of Missouri regarding whether the insurer properly denied coverage under a claims made and reported employment practices liability policy when the insured failed to provide timely notice of an EEOC charge, which later resulted in a lawsuit.
  • Obtained summary judgment for an insurance carrier in Missouri state court in a coverage dispute involving a worker’s compensation policy.
  • Obtained summary judgment for a professional liability carrier in coverage litigation instituted by a medical professional that sought coverage under his policy stemming from accusations of sexual impropriety by a patient.
  • Representation of excess insurer against primary insurer resulting in favorable settlement in St. Clair County, Illinois.
  • Obtained summary judgment for insurer in St. Clair County, Illinois in $1 million coverage action.
  • Obtained reversal on appeal in favor of a life insurance company, extinguishing a claim for wrongful payment of insurance proceeds in the Missouri Court of Appeals, Southern District.
  • Regular representation of group benefits insurer in benefits coverage litigation in state and federal courts in Missouri and Illinois.
  • Representation of national title insurer in first and third party coverage litigation.
  • Retained by commercial general liability (CGL) insurer to defend multi-million dollar bad faith case resulting in favorable settlement in U.S. District Court for the Western District of Missouri.
  • Obtained summary judgment on behalf of insurer in the U.S. District Court for the Eastern District of Missouri. The case presented a matter of first impression in Missouri as to whether a stroke is an “accident” within the meaning of accidental injury policies.
  • Obtained a judgment in Madison County, Illinois, declaring that there was no duty to indemnify the insured on her first party property loss and no duty to defend or indemnify her against the claims of the multiple homeowner carriers asserting property damage claims valued at more than $1 million.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2016 Sandberg Phoenix & von Gontard P.C. All Rights Reserved. Sandberg Phoenix & Von Gontard P.C.is a law firm with a primary office located in Downtown St. Louis, Missouri. Website Design by Timmermann Group

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