Hepler Broom, LLC

Category Archives: Insurance Law

Read Your Insurance Policy Carefully: Insured Bound to Terms of Policy Despite Alleged Representations by Insurer’s Agent

February 6, 2018

As we have learned in recent days, we all need to be careful with the things we say, for sometimes those things we say can be used against us. But the life lessons do not end there. We also need to read things carefully, for the things we fail to read can be used against […]

Missouri Appellate Court Finds Ambiguity in Anti-Stacking Provision, Allows Stacking of Limits of Liability in Four Separate Auto Liability Policies

February 1, 2018

The Missouri Court of Appeals, Southern District, issued an opinion on Jan. 31, 2018, in Shelter Mutual Insurance Company v. Lester that allowed stacking of full auto liability coverage policy limits on four separate policies. The underlying matter involved bodily injury claims brought by multiple claimants. Each of the auto insurer’s liability policies had applicable […]

llinois Appellate Court Rejects Request to Re-Write Insurer’s Additional Insured Coverage to Conform with Construction Agreement

January 30, 2018

It is commonplace in construction projects for a contractor to require its subcontractors to purchase liability insurance that protects against certain claims and that includes the contractor as an additional insured. The problem is that many times the policy that the subcontractor purchases does not on its face meet the requirements set forth in the […]

Be Careful What You Say: Insurer Estopped from Asserting Coverage Defenses Based on Agent’s Representations

January 16, 2018

We all say things we regret. But sometimes, those things we say can be used against us. The same goes for insurance companies. So held the Illinois Appellate Court, Second District, in its recent unpublished decision in Country Preferred Ins. Co. v. Badri-Monaghan, 2017 IL App (2d) 170134-U. The court started the year with a […]

Insurer Seeks Rescission Due to Misrepresentation in an Application for Insurance – Court Rules that an Insurer is Required to not only Ask Questions but also to Investigate Answers

December 21, 2017

Background Virtually all property policies provide an insurer with the right to rescind coverage when there’s evidence that the insured intentionally concealed or misrepresented material facts in their application for insurance. For a misrepresentation to be deemed material, it must have been an untrue fact that would have, if the truth was known, caused the […]

Missouri Courts’ Application of the Pollution Exclusion: A Contrast of Two Very Different Approaches to Insurance Policy Interpretation

November 14, 2017

In its October 31, 2017, opinion in Doe Run Resources Corp. v. American Guarantee & Liability Ins., the Missouri Supreme Court considered whether a general liability policy’s pollution exclusion barred coverage for alleged bodily harm caused by exposure to toxic emissions emanating from Doe Run’s lead production facilities in La Oroya, Peru. The exclusion removed […]

New Missouri Statutes May Substantially Impact How Insurance Carriers Approach Liability Claims

July 6, 2017

Over the past few years, insurance companies have learned that handling liability claims in Missouri with coverage issues or policy-limit settlement demands can be an incredibly complex, and in some cases, dangerous endeavor. Much of that complexity stems from Missouri Revised Statute § 537.065, a statute which has been used as a powerful sword against […]

Illinois Insurance Law: Discovery of an Insurance Company’s Handling of Prior, Unrelated Claims

April 5, 2017

In insurance coverage litigation, does an insurance company have to identify and produce documents regarding the company’s handling of prior unrelated claims? Insurance companies often object to such requests on the grounds that they are irrelevant, overly broad, unduly burdensome, and even protected by a privilege. In the Illinois Appellate Court Fifth District’s recent decision […]

To Taylor, Love Michael: And Other Remarks on Insurable Interests for Property Insurance

February 5, 2016

“He’s a jacka**,” President Obama explained, responding to a question as to why Kanye West interrupted Taylor Swift’s acceptance speech for Best Female Video at MTV’s 2009 Video Music Awards. “The young lady seems like a perfectly nice person. She’s getting her award. What’s he doing up there?” The President asked. According to Mr. West, […]

Mammas, Don’t Let Your Babies Grow Up to be Cubs Fans”— And Other Thoughts on Fraudulent Insurance Claims

April 2, 2015

In his commencement address for Washington University in St. Louis’ graduating Class of 1998, political commentator George Will shared a cautionary tale of youth. “I grew up in Champaign, Illinois, midway between Chicago and Saint Louis,” Will began. “And at an age too tender for life-shaping decisions, I made one. While all my friends were […]