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Missouri insurers can breathe a sigh of relief as the Missouri Court of Appeals, Western District, finds an insured’s fraudulent conduct precludes indemnity obligations under an “intentional acts” exclusion. The Court of Appeals found the claimant could not prove coverage applied to an underlying punitive judgment resulting from fraudulent sales tactics.

Estate of Max Overbey v. Universal is the latest chapter in the seemingly endless saga of litigation surrounding the Chad Franklin auto dealerships, and a deceptive marketing program that violated the Missouri Merchandising Practices Act. Here, the Court of Appeals reversed a lower court’s equitable garnishment judgment against Universal
Continue Reading Missouri Court of Appeals Finds Conduct Resulting in Punitive Damages Triggers Policy Exclusion for Intentional Acts