We cover current issues, highlights and best practices exclusively on claims of bad faith and extra contractual damages.
In Garrison Property & Casualty Ins. Co. v. McWhirt, WD84612, -- S.W.3d -- (Mo. App. W.D. Aug. 2, 2022), the Missouri Court of Appeals, Western District, recently interpreted 2018 amendments to Missouri’s interpleader statute, R.S.Mo. § 507.060.
Summary: Infinity Assurance Insurance Company insured Ben Purscell’s car when he was involved in a serious auto accident leading to a serious injury and a death. His liability limits were only $25,000/$50,000. Infinity was unable to settle the underlying case which resulted in verdicts exceeding $900,000. Purscell filed a bad faith failure to settle and breach of fiduciary duty case against Infinity. The district court judge entered summary judgment for Infinity which was affirmed on appeal.