litigation

2021 Legislation on Bad Faith in Missouri

New legislation was enacted in Missouri to amend §§ 435.415 and 537.065 R.S. Mo concerning agreements frequently used in bad faith litigation. Section 537.065 R.S. Mo. allows an insured to enter into an agreement with a claimant where the claimant will not execute on any of the insured’s assets other than insurance that may apply, and the insured typically assigns his/her rights against the insurance company to the claimant.

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Overview and Recent Developments of Kansas Bad Faith

The Kansas Court of Appeals recently issued its long-awaited opinion in Gruber v. Marshall which helps provide an update and overview to avoiding and defending bad faith claims in Kansas.  In Gruber, two friends died when the plane they were in crashed outside of Manhattan, Kansas.  Claiming pilot negligence, the estate of the passenger—Marshall—sued the

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