In a case involving two uninsured motorist policies, the Missouri Court of Appeals, Eastern District held that a State Farm policy provided coverage only to the extent that its policy limits exceeded the primary underinsured motorist coverage.
Two provisions in the policy were at issue. One read,
The most we pay will be the lesser of: a. the difference between the amount of the insured’s damages for bodily injury, and the amount paid to the insured by or for any person or organization who is or may be held legally liable for the bodily injury; or b. the limits of liability of this coverage.
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In this case that I discuss in Arbitration Might Just Be the Most Exciting Area of Contract Law, the Missouri Court of Appeals, Western District held that a merger clause in an installment contract precluded a separately-signed arbitration agreement from being effective.
In a dispute among law firms over splitting attorneys’ fees in a successful medical malpractice case, the Missouri Court of Appeals, Western District affirmed the lower court’s judgment. Applying the principles of quantum meruit, the trial court heard evidence that the value of Hershewe’s services could range from $4,800 up to $950,000 and awarded the firm $40,000.