Claims involving incendiary fire and fraud, as well as third-party bad faith are some of today’s hottest topics in the insurance industry. IPG partners Mike Brown and Nathan Dulle are approved to provide continuing education and have recently provided CE for claims professionals, including presentations on fire origin and cause reports, recorded statements, EUOs, policyholder claims predicated on alleged ”bad faith”, and strategies for minimizing the risk of a “bad faith” set-up. Click here to contact Mike, Nathan or another member of our IPG group—they’d welcome an opportunity to Partner with You.
The Jackson County Circuit Court recently found that Missouri’s “no pay, no play” law is unconstitutional as applied to common law damages claims based on negligence. Under § 303.390, uninsured motorists waive the ability to collect for non-economic loss against an insured motorist due to a motor vehicle accident in which the insured driver is alleged to be at fault.
In striking down defendant’s affirmative defense based on § 303.390 RSMo., the trial court applied Watts v. Lester E. Cox Medical Centers, 376 S.W.3d 633, 637 (Mo. banc 2012), finding that the 1820 Missouri Constitution permitted recovery of non-economic damages without restriction. Thus, the Circuit Court concluded that § 303.390 amounts to an unconstitutional infringement on the right to trial by jury. An appeal seems likely.
For more information on this or other insurance matters click here. And if you’d like to speak with a member of our insurance practice group today, contact Kelvin Fisher.