written notice requirement in Missouri

2022Corp. v. Connaughton, Boyd & Kenter, P.C., 119 S.W.3d 101, 107 (Mo. App. W.D. 2003) (quoting Pelligreen v. Century Furniture & Appliance Co., 524 S.W.2d 168, 171 (Mo. App. 1975)).

2003Specifically, it argues that there is substantial evidence to show that CBK did exercise its second option to extend or, “at a minimum,” there were “disputed issues of material fact regarding whether the second Lease option was exercised.” Under the law concerning options to extend, when a lease provides that a tenant has the option to extend the term of the lease with a written notice requirement, “the option is for the benefit of the lessee, and [the] written notice requirement is for the benefit of the lessor.” Pelligreen v. Century Furniture & Appliance Co., 524 S.W.2d 168, 171 (Mo.App.197

2003As such, “ ‘if the lessee hold[s] over without giving the required notice, the lessor may waive the requirement^]’ ” Blanchon v. Kellerstrass Distilling Corp., 200 Mo.App. 610 , 208 S.W. 484, 485 (1919) (citations omitted).

2003As such, “ ‘if the lessee hold[s] over without giving the required notice, the lessor may waive the requirement^]’ ” Blanchon v. Kellerstrass Distilling Corp., 200 Mo.App. 610 , 208 S.W. 484, 485 (1919) (citations omitted).

2022See Snowden v. Dawdy, 343 S.W.2d 197, 198-99 (Mo. App. 1960) (when lessor accepted rent for 28 months of five-year lease option before challenging lease renewal, this acceptance effected renewal of lease).

2022Corp. v. Connaughton, Boyd & Kenter, P.C., 119 S.W.3d 101, 107 (Mo. App. W.D. 2003) (quoting Pelligreen v. Century Furniture & Appliance Co., 524 S.W.2d 168, 171 (Mo. App. 1975)).

2018However, Section 287.420 creates an explicit exception to the written notice requirement when "the employer was not prejudiced by failure to receive the notice." Sell v. Ozarks Medical Center , 333 S.W.3d 498 , 509 (Mo. App. 2011).

2018"A claimant may demonstrate lack of prejudice where evidence of actual notice was uncontradicted, admitted by the employer, or accepted as true by the fact-finder." Id. at 511 (citations and quotation marks omitted).

2011See Dunn, 892 S.W.2d at 681 .

2011In construing this section, we initially turn to section 1.120, RSMo 2000, which provides that: “The provisions of any law or statute which is reenacted, amended or revised, so far as they are the same as those of a prior law, shall be construed as a continuation of such law and not as a new enactment.” “This statute is consistent with the general rule that when part of a statute is repealed by an amendatory act, the provisions retained are regarded as a continuation of the former law while those omitted are treated as repealed.” Kelly v. Hanson, 984 S.W.2d 540, 544 (Mo.App.1998) (quoting Stat

1979Corp., 558 S.W.2d 255, 259 (Mo.App.1977): “The insured must, of course, bring himself within the terms of the policy and prove by substantial evidence that the claim sued on is within the coverage provided by the terms of the insurance contract.” Next, after receipt by the company of proof of disability, the policy provides that recovery of premium refund is limited to those paid within one year prior to the date of the claimant’s written notice of claim.

1975Blanchon v. Kellerstrass Distilling Corporation, 200 Mo.App. 610 , 208 S.W. 484, 485 (1919); Gerhart Realty Co. v. Brecht, 109 Mo.App. 25 , 84 S.W. 216, 217 (1904).

1975Blanchon v. Kellerstrass Distilling Corporation, 200 Mo.App. 610 , 208 S.W. 484, 485 (1919); Gerhart Realty Co. v. Brecht, 109 Mo.App. 25 , 84 S.W. 216, 217 (1904).