Section 14 Examples of Litigable Issues: Open Questions of Law

LibraryDamages 2012

Examples of cases following the general rule that an insurer is entitled to litigate open questions of law without being exposed to vexatious penalties include the following:

· In Duckworth v. United States Fidelity & Guaranty Co., 452 S.W.2d 280 (Mo. App. E.D. 1970), there was a dispute about whether the valued policy laws applied to personal property. The court said, “It is the rule in this state that where there is an open question of law or fact which determines the liability of the insurer, the insurer, acting in good faith, may insist upon a judicial determination of such question or issue without being penalized.” Id. at 287.

· In Kay v. Metropolitan Life Insurance Co., 548 S.W.2d 629, 631 (Mo. App. E.D. 1977), there...

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