Missouri Insurance Lawyer Blog

Errors and omissions insurance coverage is designed to protect the policy holder that is in the business of making recommendations, giving advice, or providing other professional services to third parties. The policy is designed to provide protection against claims or lawsuits when they made an error in their occupation or when they made an omission by neglecting to do something which they should have done in the course of their business or profession. It is sometimes referred to more specifically as malpractice insurance, such in the case of insurance for doctors as medical malpractice or insurance for errors and omissions by lawyers commonly known as legal malpractice insurance.

One of the common clauses in such policies is a consent to settlement clause. Unlike a typical liability insurance policy where the insurer has a unilateral right to control the litigation and to settle a claim or lawsuit at their discretion, E & O policies typically have a consent to settle clause. Thus the insurer may not unilaterally settle the case without the insureds consent.

This article discusses what California is doing to address uninsured motorists on the road.

California Taking Aim at Uninsured on the Roads - New York Times.

Missouri also has a large problem of uninsured vehicles on the road, which our legislature has failed to address. Consider also that the the required auto insurance limits are only $25,000.00 per person and $50,000.00 per accident in Missouri. These limits have not changed since the 1980's and have been reduced in actual value by inflation. These limits will not cover medical bills and lost wages if an injury of any magnitude is suffered. To protect yourself until the Missouri legislature acts you should carry limits of uninsured and underinsured motorist limits of at least $100,000.00 to protect yourself if your are in a car accident and are injured. If you have been injured and need help contact the lawyers of Tatlow, Gump, Faiella, & Wheelan, LLC at 1-800-264-3455 or visit our website to learn more.

Insurance is critical to protect your security in good and bad times. Life insurance, liability insurance and disability insurance are key to protecting yourself and your family. This article discusses some of the key points.

Wealth Matters - Never Mind Your 401(k). How's Your Insurance? - NYTimes.com.

Wrongful death claims allege, as their basis, that the deceased died as a result of the negligence or liability of another. The deceased's surviving relatives, dependents, or beneficiaries may bring suit against those claimed to have been responsible, seeking monetary damages to compensate for the losses. In Missouri there are classes of people who may bring the claim, depending on there relationship to the deceased. For example if your spouse is killed in a car crash, you and any natural or adoptive children would have a claim. A Missouri personal injury attorney in can advise you on whether you have a valid wrongful death claim and can help you pursue that claim to the best possible outcome. To learn more go to the wrongful death information center.

Missouri Supreme Court Continues to Hold Insurance Company Responsible for Clear Policy Language - Missouri Injury Lawyers Blog.

This is a great article, by attorney Rex Gump, on stacking liability coverage in Missouri.

Can Liability Coverage Be Stacked in Missouri Up to the Minimum Requirements of the MYFRL? - Missouri Injury Lawyers Blog.

The 8th Circuit Court of Appeals has decided that a dentist who invoked his fifth amendment rights not to testify concerning two patient deaths violated the cooperation clause of his malpractice insurance policy. As a result Medical Protective was not liable under the insurance contract. The Medical Protective Company v. Bubenik, U.S. Court of Appeals 8th Cir., appealed from U.S. District Court, E.D. Missouri. Insured must be careful when asserting rights that may be breaches of the insurance contract. Sometimes invoking the 5th may be helpful to the defense and would not violate the cooperation clause. Insureds need to balance the benefit of invoking the right and whether or not it will cause a breach of the contract.

Every day you are told how you can trust insurance companies on TV. However, nothing could be farther from the truth when you have suffered a personal injury. When you make a claim against another person's insurance you are the adversary of the insurance company. The adjuster you speak to may be polite but that doesn't mean they are looking out for your best interests. For example in Wood v. Robertson, the court found that the injured party was not allowed to rely on the statements made by the insurance claims adjuster to set aside a release, even though the adjuster statements mislead the claimant to sign a release of his claim. 245 S.W. 2d 80 (Mo. 1952). There was no fraud found when a claimant signed a release when they were falsely told that the company would take care of the medical bills later. Wolf v. St. Louis Public Svc., 357 S.W. 2d 950 (Mo. App 1962).

So the lesson is you have to be very careful and must read and understand any documents you sign when dealing with an insurance company. If you sign a release without understanding its legal meaning you may be signing away your rights to be compensated for the injuries and damages you suffered. Many small personal injury cases can be handled without a lawyer. See How to Handle Your Own Personal Injury Claim. However, you must carefully read and understand what you sign. If you don't understand the release or have suffered a serious injury you should speak with an experienced lawyer about your personal injury claim before you sign a release.