Missouri Insurance Lawyer Blog

Insurance policies are complicated legal contracts between you, the policy holder, and the insurance company. Very often, when a policy holder makes a claim for damages they believe should be covered by their insurance policy, the insurance company will deny the claim citing a reason unknown or often misunderstood by the policy holder.
On December 27, 2011, the Missouri Court of Appeals, Eastern Division, decided an insurance case based on the disputed definition of "owned" and "resident". The case, Manner v. Schiermeier, et. al, and American Family Mutual Insurance Company and American Standard Insurance Company, Case No. ED96143, was a claim against the insurance companies for underinsured motorists coverage on four separate automobile insurance policies because of serious injuries suffered in a motorcycle collision.

The coverage on at least one of the insurance policies depended upon whether the injured Plaintiff "owned" the motorcycle which he was driving as that word was used in the policy. For purposes of the insurance policy, the Court of Appeals determined that even though the certificate of title was not yet in the Plaintiff's name, the undisputed facts demonstrated that the plaintiff held the motorcycle as his own possession, had paid for it, either in whole or in part; drove it; and was in the process of having title transferred to him; and had separately paid for liability and underinsured motorist insurance. Therefore the Court determined that the Plaintiff did indeed "own" the motorcycle for purposes of insurance coverage.

Continue reading "WHETHER OR NOT YOU RECOVER BENEFITS FROM YOUR AUTOMOBILE INSURANCE POLICY MAY DEPEND UPON THE DEFINITION OF A SINGLE WORD IN THAT POLICY" »

The insured, Michael Blumer filed suit against his own insurance company, Automobile Club Inter-Insurance Exchange (d/b/a AAA Insurance) following a motorcycle accident in Boone County, Missouri. The driver of the other vehicle was never identified. At the time of the motorcycle incident, Blumer had two vehicles insured by AAA. The AAA policy provided uninsured motorist coverage with limits of $100,000 per person for each of two vehicles.

The AAA Policy contained an exclusion which provided "This coverage shall not apply to vehicles, including trailers, owned by you and not insured under this policy". It was not disputed that Blumer's motorcycle was owned by him and was not insured under the AAA policy, but was insured with another insurance company. That company, Progressive Northwestern Insurance Company, paid its uninsured motorist limits of $25,000.

Continue reading "SUIT AGAINST AAA INSURANCE COMPANY FINDS THAT EXCLUSION CONFLICTS WITH MISSOURI'S MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW" »

Unfortunately, not all accidents are just minor fender benders. Should you find yourself in a serious accident, medical payments coverage pays for medical bills (and sometimes funeral bills) incurred by the driver and passengers injured in a motor vehicle accident regardless of who caused the accident. It also pays for you or your family members injured while riding in another's car or if struck by a car as a pedestrian.

Medical payment coverage is offered by most automobile insurance coverage and is usually sold in increments of $1000, $5000 or $10,000 per person.

Even if you have health insurance, there are often deductibles and co-payments that must be paid. If your health plan requires you to pay a deductible, medical payments coverage may help pay it. This coverage can also help pay for items not covered by your health plan, such as dental treatment, professional nursing services, prostheses, and funeral services.

In Missouri, medical payments coverage is not required. However, I recommend this coverage for most of my clients. If you decide this protection is appropriate for you, make sure you specifically request it from your insurance agent or representative. It is not always provided by simply requesting "full coverage" from your agent.

Continue reading "Do I Need Automobile Medical Payments Coverage?" »

Sooner or later, it may become necessary for someone else to drive your vehicle and you want to make sure that there is insurance if they are involved in an automobile accident.

Generally, insurance follows the vehicle, not the driver. If it is your car, then the insurance coverage you have purchased for your vehicle would provide primary coverage. Any insurance policy your friend has purchased would become secondary. Primary simply means that your insurance company should pay the claim first. Then if your liability limits are exhausted, your friend's insurance should pay additional amounts up to his limits.

Please understand that if your friend is involved in an accident with your car, your rates could go up. Also, in some circumstances, if you are aware that your friend is not a safe driver and you allow him or her to drive your car, you could be held personally liable if they cause an accident that seriously injures another person.

Continue reading "Does My Friend Have Insurance Coverage If She Drives My Car?" »

Many people are worried that their insurance company will not renew them if they make a claim. In today's market there are numerous other choices if your insurance company denies your claim. However, if you have been refused a renewal by your company and you wish to stay with the company you do not have to accept their decision.

Insurance companies usually refuse to renew policies because of claims against the policy or when they have dropped the line of insurance as a product line. If you have no claims on your policy and you believe your insurance company unfairly refused to renew your policy because of false claims information, you should contact your insurance commissioners consumer service division. If your carrier refuses to renew your policy even after working with the commissioners consumer service division and you are having a difficult time finding coverage elsewhere you may wish to contact an attorney to discuss your legal rights.

For more information on insurance in Missouri, visit the MO Department of Insurance website.

The Missouri Court of Appeals recently rejected the appeal of an insurance company which sought to escape their duty to defend and indemnify a 15 year old unlicensed driver.  The case arose out of a one car accident which resulted in personal injuries to the passenger. 

The insurance company claimed an exclusionary provision precluded coverage for "any person" operating a vehicle without a reasonable belief that the person is entitled to do so.  The term "any person" was not defined in the policy.  Relying on the doctrine of ambiguity the trial court found the term to be ambiguous when reading the policy as a whole.  On appeal the Missouri Eastern District agreed finding that the policy term could be read by a lay person as either referring to any defined insured or a global term referring to anyone other than a defined insured.  The court upheld the trial court's decision which arose procedurally from cross motion for summary judgment. The case is Miller's Classified Ins. Co. v. Aimee French, et al, Missouri Court of Appeals, E.D. Appeal No. ED82306.