Missouri Injury Lawyers Blog

During this difficult time, our thoughts and prayers turn to the victims of last week's devastating disaster in Southwest Missouri. Not only do the victims of natural disaster have to deal with the loss of family members, injuries, and loss of property, those victims also have to somehow navigate a maze of legal issues related to their losses.

Lawyers from across the state are joining forces to assist in any way that we can. The Missouri bar has established a 24 hour help hotline: 1-800-829-4128. The Missouri Association of Trial Attorneys has an Emergency Response Team that has been mobilized to the Joplin area beginning Saturday, May 28th. The local Jasper County Bar has pushed aside its own sorrows, and is already giving free advice to others in distress. In addition, Legal Aid of Western Missouri is also sponsoring a free legal clinic which will be open this weekend.

Legal issues in this situation can run the gamut from insurance issues regarding homeowners or automobile coverage; health insurance or other aid to cover medical bills; life insurance; or end of life issues related to probate, wills, trusts, and powers of attorney.

If you have friends or family in the Joplin area that need legal assistance, please tell them about the legal resources available or direct them to organizations such as the Red Cross who are coordinating efforts with the legal volunteers. The partners and staff at Tatlow, Gump, Faiella & Wheelan, LLC, in Moberly extend our condolences to those who have suffered losses in this terrible disaster.

The Law Firm of Tatlow, Gump, Faiella & Wheelan, LLC would like to congratulate partner Chris Faiella for again being recognized by Missouri Lawyers Weekly for Top Verdicts & Settlements of 2010. In March 2010, Chris reached a $3.125 million dollar settlement for his client who was injured after getting pinned between two vehicles in 2008. The client suffered severe permanent injuries to both legs, including an above-the-knee amputation of his left leg.

The accident occurred when the defendant stepped on the gas instead of the brakes by mistake. The plaintiff was pinned between the bumpers of two vehicles. His left leg was crushed and eventually had to be amputated due to complications. The plaintiff underwent several painful procedures in an attempt to save his leg, but none were successful. The plaintiff's right leg was also fractured in the accident and he experienced several other serious complications during his medical treatment. The plaintiff's injuries rendered him unable to work. His damages were approximately $66,000 in lost earnings and $370,000 in medical bills. His future life care costs are estimated to be $734,000.

Chris Faiella joined TGF& W in 1995 after graduating from the University of Missouri--Columbia School of Law. Along with the other attorneys at TGF&W, he focuses his litigation practice on serious personal injury and its tragic consequences including wrongful death, insurance, bad faith and products liability.

The majority of states require that drivers have insurance coverage so that they have a policy in place to help pay for the damages they may cause to others, and also for property damage they may cause in a car accident.

In addition, there are other types of coverage to help recover these expenses. This article focuses on property damage to cars.

The basic type property coverage for automobiles includes: property damage liability which covers an at fault driver for damages they cause to the property of another person. So for example, if the at fault driver damages the other person's car in the collision, this coverage will pay for the repairs or replacement of the damaged property up to the policy limits. The best practice for the person carrying the policy is to carry enough coverage to cover the damages they may cause to property or other people. While it is difficult to know in some circumstances how much insurance coverage to carry, given that the average cost of the vehicle has risen over the years, and many vehicles cost between $30,000.00 and $50,000.00, it would be wise to carry limits high enough to cover this risk.

Continue reading "Recovering Property Damage After A Car Accident" »

Yesterday the Associated Press reported on the fourth quarter reports filed by Insurer Travelers Cos last month. Travelers lobbied Congress, the FDIC, the Federal Reserve, the SEC, the White House and the Treasury Department.

The filings state that they spent $1.66 million dollars lobbying for its interests on issues such as global warming, workers compensation, and consumer protection rights. They also lobbied bankruptcy issues, asbestos legislation, and the National Insurance Consumer Protection Plan.

Travelers' lobbying expenses in the fourth quarter more than doubled what they spent in the third quarter. In 2008 fourth quarter, they spent $1.43 million.

A recent decision by the Missouri Supreme Court in Karscig v. McConville and American Family Mutual Insurance Company, handed down on January 12, 2010, seems to have concluded that if the liable party is insured under more than one liability policy, that in addition to the coverage provided by the primary policy covering the motor vehicle involved, additional liability policies may be stacked up to the minimum limits required by Missouri's Motor Vehicle Financial Responsibility Law. The Missouri MVFRL requires limits of liability of $25,000.00 per person and $50,000.00 per accident. Multiple policies should always be examined in each case to determine if the facts might provide for additional coverages available to a seriously injured party.

In a case handed down last week, the Missouri Supreme Court sent a clear message to the insurance company defendant--that the insurance company is responsible for using clear, unambiguous language in their insurance policies. If the insurance company fails to use language that an ordinary person of average abilities would understand, then any ambiguity is construed in favor of the person who is insured under the policy. The case is Burns v. Smith and Farmers Alliance Mutual Insurance Company of Kansas, (Mo banc SC90041, Jan. 26, 2010)

Eric Burns recovered a judgment in excess of $2 million against Lynn Smith for damages he received when a weld that Mr. Smith had placed on a cement mixer failed, causing the truck to explode and seriously injure its driver, Mr. Burns. Mr. Smith was insured under a policy of insurance issued by Farmers Alliance Mutual Insurance Company. Farmers denied coverage, claiming that language contained within a policy exclusion for "business pursuits" precluded insurance coverage under the policy. Although the insurance company argued strongly that the word "and" sometimes means "or" and should be read that way in their policy, the Supreme Court wasn't persuaded. In a 7-0 ruling, the court stated that at best, accepting Farmers' argument would mean only that the use of the word "and" is sometimes ambiguous and was in this case.

It is well settled Missouri law that any such ambiguity must be construed against the insurance company.

Continue reading "Missouri Supreme Court Continues to Hold Insurance Company Responsible for Clear Policy Language" »

In first party claims, if a party is injured and collects against an insurance company, the settling insurance company may claim subrogation pursuant to Missouri Revised Statute Section 379.203.4 to any amounts that the injured person may recover.

While such language is still being included in releases by insurance companies this language is not lawful. In Missouri, an insurer who satisfies its liability for uninsured motorist coverage have subrogation rights only to claims by the insured against the uninsured motorist. While subrogation rights are allowed under the law to prevent unjust enrichment, insurers may not unjustly enrich themselves by extending their rights beyond the uninsured motorist carrier.

It is critically important for people dealing with insurance companies to understand the law involved so that the insurance company does not take advantage of the claimant.

Protect yourself by consulting with an attorney experienced in insurance law to protect your rights. The attorneys at Tatlow, Gump, Faiella & Wheelan, LLC have considerable experience in the field of insurance law. If you have an insurance problem, contact us for a free consultation.

Underinsured motorist coverage typically provides coverage if someone is injured in an automobile collision caused by someone who does not have enough liability coverage to cover the damages to the injured party. Unlike the requirements for uninsured motorist coverage, Missouri statutes do not mandate underinsured motorist coverage. Therefore, the amount of coverage available to an injured party is determined by the contract of insurance entered between the insurance company and the consumer.

Insurance companies are required to write policies that are clear and unambiguous. The policies should be construed so that an "ordinary person of average understanding" could reasonably interpret the policy and understand the coverage it provides. If the insurance policy is ambiguous and confusing to the average consumer, the courts will interpret the policy language to provide the most possible coverage for the consumer.

That is exactly what happened in the recent cased handed down by the Missouri Supreme Court in Richie v. Allied Property & Casualty Ins. Co., Case No. SC90085 (Mo banc Nov. 17, 2009). The injured party was hurt while riding in a vehicle he did not own. One clause of the insurance policy provided that his underinsured motorist coverage was "excess" if he was injured in a non-owned vehicle. However, another clause in the policy conflicted with this provision and seemed to not allow the coverage. The Supreme Court determined that the policy, when read as a whole, was ambiguous and confusing to the average consumer. Because insurance companies are required to write clear insurance policy provisions, the court ruled in favor of the insured and against the insurance company. The injured party was able to collect nderinsured motorist coverage that he had paid for on multiple vehicles because he was injured in a non-owned vehicle and the insurance policy was unclear.

If you are injured in an automobile collision and think that you may have insurance coverage, but your insurance company denies your claim, you should seek competent legal advice. The attorneys at Tatlow, Gump, Faiella and Wheelan, LLC, have considerable experience representing injured consumers who have purchased insurance coverage to protect themselves financially in the event of an accident, but the insurance company denies their claim. We understand your situation and will work closely with you to evaluate your coverage and determine the best course of action for your situation.

Insurance companies make a lot of money because they increase premium prices and deductibles and then reduce liability coverage wherever they can. Many policyholders and claimants report abusive and unfair behavior by insurance companies.

There are various ways in which insurance companies try to use their financial strength and knowledge to their own advantage. For instance sometimes insurance company adjusters attempt to pressure claimants into speedy and unfair settlements. In one case a man who could not read, but had been involved in an automobile accident and had suffered injuries was offered a settlement release for his approval and signature. Even though he was told orally that the check he received at the time of the release was only one of several payments to come, the release indicated it was a full release of the at fault driver and a full and final settlement for the payment in the check given at the time of the release.

Unfortunately, for the poor illiterate man, the court was unwilling to undo the release because the adjuster testified that he had explained at length that the amount of the single payment was for a full release, which directly contradicted the statements of the illiterate man. In the face of a signed release and conflicting testimony the court was unwilling to set aside the release.

Make sure that you protect yourself from unfair insurance company tactics. If you have been in an automobile collision resulting in injuries make sure that you have adequate representation, and do not sign anything until you have sought appropriate legal advice.

As we look back at the terrible events of September 11, 2001, we are painfully aware of how quickly our circumstances can change. Even in Mid-Missouri, our peaceful, secure lives can be turned upside down through events and actions over which we have little or no control. Unfortunately, it doesn't take an act of terrorism for this to occur.

Accidents occur without warning. A driver is inattentive and causes serious injury or death. Safety measures are ignored at work, and the breadwinner of the family is no longer able to work.

Are you and your family protected financially if disaster occurs? It is imperative that you carry the right types of insurance and adequate amounts of coverage to protect your loved ones in the event you are seriously injured or killed. Remember, the person who causes your injury may not have adequate insurance to pay for your damages. It is equally important to carry sufficient liability coverage to protect your assets in the event you cause injury to another person.

Many people are confused about the types of insurance coverage needed or how much insurance they might need. In future posts, I will attempt to shed some light on the various insurance coverages available.

Continue reading "Adequate Insurance for Financial Catastrophe" »