vexatious refusal claim (Missouri) · Go Syfert
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vexatious refusal claim in Missouri

12 Missouri opinions name it 1 courts 1990–2018 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Legg v. Certain Underwriters at Lloyd's of Londongreen
moctapp · 1999 · cited in 2 Missouri opinions naming this issue, 2002–2014
2 sentences

2014“The test for a vexatious refusal claim is not the final resolution of the coverage issues but how willful and unreasonable the insurer’s refusal was as the facts appeared to a reasonable and prudent person at the time the insurer was asked for coverage.” Id. (quotation omitted).

2002As this court has explained, “ ‘[t]he test for a vexatious refusal claim is not the final resolution of the coverage issues but how willful and unreasonable the insurer’s refusal was as the facts appeared to a reasonable and prudent person at the time the insurer was asked for coverage.’” Legg v. Certain Underwriters at Lloyd’s of London, 18 S.W.3d 379, 387 (Mo.App.

12
Desmond v. American Insurance Co.green
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014There, the court stated: “[T]he law in Missouri until this time was unclear both as to direct payment under a premises medical payment coverage provision of [a liability] insurance policy, or whether a third party beneficiary even had standing to assert a vexatious refusal claim pursuant to section 375.420 ... under these circumstances” 786 S.W.2d at 148 (emphasis added).

11
Watters v. Travel Guard Internationalgreen
moctapp · 2004 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014“Generally, a question of reasonableness is a question of fact for the jury rather than a question of law for the court.” Watters v. Travel Guard Int’l, 136 S.W.3d 100, 109 (Mo.App.E.D.2004).

11
Ford Motor Credit Co. v. Harrisgreen
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014Ford Motor Credit Co. LLC v. Harris, 386 S.W.3d 864, 869 (Mo. App. S.D. 2012).

11
Wood v. Safeco Insurance Co. of Americagreen
moctapp · 1998 · cited in 1 Missouri opinions naming this issue, 1999–1999
1 sentence

1999Co. of Am., 980 S.W.2d 43, 55 (Mo.App.1998) (citations omitted).

11
Groves v. State Farm Mutual Automobile Insurance Co.green
mo · 1976 · cited in 1 Missouri opinions naming this issue, 1996–1996
1 sentence

1996Groves v. State Farm Mutual Automobile Insurance Company, 540 S.W.2d 39, 42 [1] (Mo. banc 1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Shirkey v. Guarantee Trust & Life Insurance Co. green
moctapp · 2008
2 sentences

2014Vexatious refusal requires a showing that the insurer’s refusal to compensate for “the loss was willful and without reasonable cause or excuse, as the facts would have appeared to a reasonable person before trial.” Shirkey, 258 S.W.3d at 888-89 .

2014Vexatious refusal requires a showing that the insurer’s refusal to compensate for “the loss was willful and without reasonable cause or excuse, as the facts would have appeared to a reasonable person before trial.” Shirkey, 258 S.W.3d at 888-89 .

22014–2014
Drury Co. v. Missouri United School Insurance Counsel green
moctapp · 2014
1 sentence

2018Id.

12018–2018
cluster 774933 green
ca8 · 2001
2 sentences

2008Tauvar would rely on United Fire & Casualty Co. v. Historic Preservation Trust, 265 F.3d 722 (8th Cir.2001), in arguing that portions of the report were properly excluded as more prejudicial than probative.

2008Id.

12008–2008
Scott v. Missouri Insurance green
mo · 1950
1 sentence

2008Id.

12008–2008
Miller v. Farm Bureau Town & Country Insurance Co. of Missouri green
moctapp · 1999
1 sentence

2007Id.

12007–2007
Hopkins v. American Economy Insurance Co. green
moctapp · 1995
1 sentence

2003Id.

12003–2003
Kuda v. American Family Mutual Insurance Co. green
mo · 1990
1 sentence

1990Id. at 467 .

11990–1990

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 375.420 (5) MO § Mo. Rev. Stat. § 375.296 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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