In the course of representing those who have suffered catastrophic injuries in car accidents or the workplace, there may come the time when litigation against an insurance company is necessary. When insurers deny meritorious claims or even bring action against their own insured or injured, you need a law firm that has the resources and experience to take them on.
M. Blake Heath, Trial Attorney LLC is the firm even other attorneys turn to when a case requires interpreting complicated insurance contracts. We also get involved when a defendant needs representation that can stand up to insurance company bullying. Every situation is slightly different, but here are some examples of the issues that arise in insurance litigation:
Types of Insurance Litigation Cases:
R.S.Mo. § 537.065 Agreements
A 537.065 agreement is a Missouri statute that allows an injured plaintiff and the insured to reach an agreement to only pursue the collection of certain assets, including insurance policies.
This is a statutory claim in Missouri in which an injured plaintiff can sue the insured and insurance company to collect a tort judgment, usually after the conclusion of a personal injury or wrongful death suit in which the insurance company failed to defend the policy holder.
Read here for an example case that demonstrated the proper use of 537.065 agreements and equitable garnishment statues. A recovery was obtained for the client despite the defendant’s insurance company’s refusal to pay. We were also able to protect the financial interest of the defendant place of business, something the insurance company should have been doing had it not been more interested in protecting its own financial interests.
Breach of Contract
Litigation brought against an insurer when there is dispute about whether a claim is covered under the insurance contract. An insurance company may refuse to pay a claim, citing either loopholes in the contract, or depending on the complexity of the issue to deter an injured party from pressing the matter. M. Blake Heath, Trial Attorney LLC, will take big insurance head on with proven tactics and solid legal understanding.
An action brought by an insurance company against its own insured and the injured plaintiff to have a court define the amounts or types of coverage. This is sometimes used by insurers as a delay tactic, or to get a court to limit their liability. It can be also be a useful tool for an injured plaintiff in the case of injuries caused by a third person, such as in cases of underinsured motorist coverage.
Vexatious Refusal to Pay
A Missouri statute that allows an insured to sue her own insurance company for unreasonable refusal to pay a first party claim (where the plaintiff is the insured and suffered the damage), as well as seek attorney fees and additional damages.
A tort claim brought by an insured against her own insurance company when the insurance company refuses to protect the financial assets of the insured by ignoring offers to settle within the policy limits or refusing to defend a covered claim (this is not a first party claim because the insured has injured the plaintiff, made a claim to the insurance company and the insurance company either refuses to settle within the policy limits or refuses to defend.)
All of the Above
Frequently we see § 537.065 agreements being made with an insured that leads to a Bad Faith claim. We have seen a Declaratory Judgment action filed in Federal court while the plaintiff pursues a state court Equitable Garnishment. We also see Breach of Contract claims as Count I and Vexatious Refusal to Pay as Count II in the same suit.
M. Blake Heath, Trial Attorney LLC believes in giving personal attention to every client. We know every case is unique and will use every avenue at our legal disposal to seek compensation for our clients, even if it means taking on Big Insurance.
If your insurance company denies your insurance claim following an accident, do not settle for less. Contact the attorneys at M. Blake Heath, Trial Attorney LLC to learn more about how we can help protect your rights. Fill out this intake form, or call: 816-931-0048