Coverage and Bad Faith Litigation

Baty Otto Scheer has a wealth of experience handling insurance coverage and bad faith claims. Such claims include filing and defending coverage cases through declaratory judgment actions, garnishment proceedings, and claims of extra-contractual liability. Our firm consults with clients at all stages of the claims process, including the tender of a claim, the initial insurance coverage analysis, a determination of exposure when multiple insurers are involved, and subrogation against other insurers and parties.

Insurance Coverage Opinions

We also provide coverage opinions during the claims process to numerous insurers. Because of the depth of our insurance attorneys’ experience in this area, Baty Otto Scheer is well-equipped to help insurers and their insureds through the process of a claim, assisting in the investigation and providing counsel to protect against exposure to a bad faith claim. We have long-standing and beneficial relationships with the many parties involved in insurance claims through our decades of experience in this industry.

Representative Experience

• Appeared before the Missouri Court of Appeals on behalf of an insurance provider and obtained a decision upholding the insurer’s policy language as unambiguous.

• Obtained summary judgment in the Circuit Court of Jackson County, Missouri, on behalf of an insurance carrier in a coverage dispute involving claims of defective construction.

• Obtained summary judgment in the Circuit Court of St. Louis County, Missouri, upholding an insurer’s setoff and limitation-of-liability provisions in an underinsured motorist coverage section.

• Obtained summary judgment in federal court in Kansas on behalf of a liability insurer that was sued for equitable subrogation by an insurance agency after its customer had a flood on its property, where the insurance agency had failed to submit a completed application or the premium it had collected from the agency’s customer.

• Prevailed on a motion to dismiss a petition filed against a liability insurer in the Circuit Court of Jackson County, Missouri.

• Recovered more than $150,000 on a fire loss on behalf of an insurance carrier in a subrogation claim.