Category archive: Kansas

Insurer Barred from Deposing Aggressive Claimant’s Attorney

Summary: Stefanie Hardacre struck and injured motorcyclist Grand Nelson. A third vehicle was also involved, but that driver’s insurer paid Nelson the policy limits of $100,000. Hardacre’s insurer, Progressive, determined that Hardacre was not at fault. Progressive denied Nelson’s claim; it had closed its investigation file three days after acknowledging receipt. Nelson v. Hardacre Nelson…

$2.5 Million EC Judgment Results from Findings of Sub-Standard Claims Handling

Summary:  Bryan Blann and Garry Reed were involved in a double fatality motor vehicle accident. Reed was insured by American Standard Insurance with whom Blann’s widow, attempted to settle after the accident. When that failed, she took a judgment against Reed’s estate for over $2.5 million while agreeing not to execute judgment against the estate…

Kansas Insurers Are Subrogated to Their Insured’s Bad Faith Claim Against the Primary Insurer Even When the Insured Had No Personal Exposure

The excess insurer subrogated to the insured’s bad faith claim was entitled to pursue its counterclaim against the primary insurer although the named insured was fully protected from excess exposure by a high/low agreement.

Court Finds Insurer’s Denial of Coverage Was Without Just Cause or Excuse – Insurer Awarded Over $2.5 Million

SUMMARY:  Missouri Court of Appeals, applying Kansas law, found the “care, custody, control” exclusion in CGL policy ambiguous and therefore, found coverage for a third-party property damage claim.  Also, the Appeals Court affirmed the statutory award of attorney’s fees to insured because the insurer’s denial of claim based on the ambiguous exclusion was without just…

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