Section 37 Burden of Proof

• Library: Damages 2012

The general rule as to burden of proof is stated in DeWitt v. American Family Mutual Insurance Co., 667 S.W.2d 700, 710 (Mo. banc 1984), in which the Supreme Court of Missouri stated, “To support the imposition of the penalty under the statute, plaintiff must show that the insurer’s refusal to pay the loss was willful and without reasonable cause, as the facts would appear to a reasonable and prudent person.” But see MAI 10.08 [1992 New] (containing no requirement of “willfulness”). To the same effect are Shafer v. Automobile Club Inter-Insurance Exchange, 778 S.W.2d 395, 399 (Mo. App. S.D. 1989), and Herpel v....