Bad Faith Blog
May 10, 2011
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 cause or excuse.