A Missouri jury discovered that State Farm Hearth and Casualty Firm acted in breach of its insurance coverage coverage and engaged in vexatious refusal to pay, awarding The Progress Venture, LLC substantial damages. 1 The case centered on a business property loss that occurred on July 22, 2022, following a extreme rainstorm that prompted water infiltration and injury to the roof and inside of the insured premises. The jury awarded $796,931.80 in compensatory damages for breach of contract, $79,993.18 in statutory penalties underneath Missouri’s vexatious refusal statute, and $92,209.80 in attorneys’ charges.
This case highlights that Missouri legislation protects policyholders from unreasonable declare denials and delays by a explanation for motion often known as the Vexatious Refusal to Pay. I’ve beforehand famous Missouri’s view on dangerous religion actions in Missouri Unhealthy Religion Regulation—Understanding Missouri’s Vexatious Refusal to Pay Regulation. Drew Houghton wrote a wonderful publish on the subject, Unhealthy Religion and Vexatious Refusal in Missouri.
In response to the Criticism, State Farm did not correctly examine and alter the declare in a well timed and honest method. The insurer’s adjuster initially inspected the property on August 10, 2022, almost three weeks after the loss. Though he reportedly informed the insured that State Farm would put together an estimate of damages, no such estimate was ever offered. As a substitute, State Farm issued a denial letter on August 22, 2022, citing an exclusion associated to clogged roof drains and improper upkeep. Nonetheless, The Progress Venture had employed specialists, together with an engineer from the Metropolitan St. Louis Sewer District and an unbiased forensic roofing skilled, who concluded there was no proof of clogs, backups, or maintenance-related points that might bar protection.
The Criticism detailed how State Farm repeatedly modified its rationale for the denial. At completely different instances, State Farm relied on completely different coverage exclusions to justify its refusal to pay, together with claims of preexisting injury, put on and tear, and, later, exclusion for injury from standing water resulting from drainage points. The insured argued that these shifting justifications have been proof of a pretextual denial fairly than a professional investigation, particularly on condition that State Farm by no means ready an estimate of the damages and as a substitute summarily concluded that nothing was owed.
Considerably, the Criticism highlighted that State Farm’s personal declare consultant failed to stick to the coverage’s requirement to find out the quantity of loss. Underneath the phrases of the coverage, State Farm had an obligation to both pay the worth of the loss or in any other case decide it based mostly on precise money worth. But the insurer allegedly did not carry out this evaluation and denied the declare outright. The insured’s personal skilled finally ready an in depth valuation utilizing Xactimate, the identical industry-standard software program utilized by insurers. The jury accepted the policyholder’s estimate as the suitable measure of the loss.
Missouri legislation offers a robust treatment for policyholders when insurers fail to behave moderately. The statute governing vexatious refusal to pay permits restoration of not solely coverage advantages but in addition statutory penalties and attorneys’ charges when an insurer refuses to pay a declare with out cheap trigger or excuse. On this case, the jury discovered that State Farm’s conduct met that threshold. The award of almost $80,000 in statutory penalties and over $92,000 in attorneys’ charges displays the jury’s conclusion that State Farm’s denial was not merely a breach of contract however a calculated and unjustified refusal to pay what was owed.
This verdict serves to remind everybody within the property claims {industry} that underneath Missouri legislation, insurance coverage corporations have a authorized obligation to promptly and pretty alter claims. After they fail to take action, and particularly when their conduct seems designed to delay or keep away from cost with out cheap justification, they might be held accountable not just for the contract advantages but in addition for extra damages designed to punish and deter dangerous religion conduct. The Progress Venture’s victory towards State Farm demonstrates the significance of those protections and the necessity for insurers to honor their contractual and statutory obligations fairly than have interaction in what others might deem to be outcome-oriented investigations.
Thought The Day
“The primary precept is that you should not idiot your self—and you’re the best particular person to idiot.”
— Richard Feynman
1 The Progress Venture v. State Farm Hearth & Cas. Co., No. 4:23-cv-00710 (Mo. Cir. Ct.).
