Miscellaneous

Arbitration Awards and Intervention in Court Proceedings for Insurance Companies– H.B. 345

Missouri|2021

Provides that any arbitration award for personal injury, bodily injury,

Provides that any arbitration award for personal injury, bodily injury, or death or any judgment or decree entered on an arbitration award for personal injury, bodily injury, or death shall not be enforceable against insurers unless the insurer has agreed in writing to the arbitration proceeding or agreement. Unless otherwise required by contract, an insurer’s election to not participate in arbitration shall not constitute bad faith. These provisions shall not apply to any arbitration awards for personal injury, bodily injury, or death or any judgment or decree entered on an arbitration award for personal injury, bodily injury, or death, arising out of an arbitration agreement preceding the date of injury or loss.

Specifies that a person having an unliquidated claim for damages against a tort-feasor may enter into a contract with the tort-feasor if the person’s insurer has refused to withdraw a reservation of rights or declined coverage for such unliquidated claim. The bill specifies what happens if there is any action seeking a judgment on a claim against a tort-feasor at the time of the execution of any contract between the two parties, what happens if there is a pending action at the time of the execution of a contract but the action is subsequently dismissed, and what happens if there is no action seeking judgment on a claim at the time of the execution of any contract between the two parties. Any insurer who receives notice under this section will have the unconditional right to intervene in any pending civil action involving the claim for damages within 30 days after receipt of the notice and insurers intervening in a court proceeding where the defendant has contracted to limit his or her liability to specified assets shall have all the same rights as are afforded to defendants. These provisions shall not alter or reduce an intervening insurer’s obligations to any insureds other than the tort-feasor, including any co-insureds. All terms of a covenant not to execute or any terms of any contract to limit recovery to specified assets must be in writing and signed by the parties to the covenant or contract. No unwritten terms of any covenant or contract under this section will be enforceable against any party to the covenant or contract or any other person or entity. In any action asserting bad faith by the insurer, any agreement between the tort-feasor and the insured will be admissible in evidence. The exercise of any rights under this section will not be construed to be bad faith.

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Unchallenged

Seat Belt Evidence Admissibility: S.B. 30 (2019)

Missouri|2019

In actions arising out the design, construction, manufacture, distribution, or

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In actions arising out the design, construction, manufacture, distribution, or sale of a motor vehicle factory equipped with a safety belt, failure to wear a safety belt by the plaintiff shall be admissible as evidence of comparative negligence or fault, causation, absence of a defect or hazard, and failure to mitigate damages.

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Unchallenged

Discovery Reform: S.B. 224 (2019)

Missouri|2019

REQUIREMENT OF PROPORTIONALITY Requires that parties may discover any relevant

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REQUIREMENT OF PROPORTIONALITY

Requires that parties may discover any relevant matter, not privileged, as described in the act, provided that the matter is proportional to the needs of the case considering several factors described within the act.

LIMITS ON FREQUENCY OR EXTENT OF DISCOVERY AND ELECTRONICALLY STORED INFORMATION

Requires that the court limit the frequency or extent of discovery if it determines that certain factors exist. Additionally, a party does not need to provide discovery of electronically stored information if the source of the information is not reasonably accessible because of an undue burden or cost. Even if a showing of undue burden or cost is made, the court may order and specify the conditions for the discovery if the requesting party shows good cause.

LIMITS ON PRIVILEGED INFORMATION AND TRIAL PREPARATION MATERIALS

If information produced is subject to a claim of privilege or protection as trial preparation material, the claiming party may notify any receiving party of the claim and the basis for it. A notified party is required to return, sequester, or destroy the specified information and may present it under seal to the court for claim determination. Additionally, the party shall take steps to retrieve any information disclosed prior to notification, shall preserve the information until the claim is resolved, and shall not use or disclose the information until the claim is resolved. An attorney who receives privileged information involving an adverse or third party and who has reasonable cause to believe that the information was wrongfully obtained shall not read the information, shall promptly notify the other attorney to return the information, and shall delete and take reasonable measures to assure that the information is inaccessible. An attorney notified has the obligation to preserve the information. The production of privileged or protected trial preparation materials is not a waiver of the privilege or protection from discovery in the proceeding.

LIMITS ON INTERROGATORIES AND DEPOSITIONS

Limits the number of written interrogatories that may be served upon a party to 25, including all discrete subparts. For oral or written depositions, leave of court is required if the deponent is confined in prison or the parties have not stipulated to a deposition and: the deposition would result in more than 10 depositions being taken by the plaintiffs, or by the defendants, or by the third-party defendants; the deponent has already been deposed in the case; or the plaintiff seeks a deposition prior to the expiration of 30 days after the service of the summons and petition upon any defendant, except leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery. Additionally, limits the length of any oral deposition to one day of seven hours, provided that the court may order additional time for any deposition under certain circumstances. The court is permitted to impose sanctions on persons who impede, delay, or otherwise frustrate the fair examination of a deponent.

LIMITS ON REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS

Provides that a party may serve a request to produce and permit the requesting party or its representative to inspect, copy, test, or sample designated documents, electronically stored information, or any designated tangible things. Requests may specify that electronically stored information be produced in native format. Objections to part of a request shall specify the part and permit inspection of the rest.

LIMITS ON REQUESTS FOR ADMISSIONS

Limits the number of written requests for admission that may be served upon a party to 25 without leave of the court or stipulation of the parties. However, this limitation shall not apply to requests regarding the genuineness of documents.

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Unchallenged

Trespasser Liability Reform: SB 628 (2012)

Missouri|2012

Codifies existing law by providing that a real property occupant

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Codifies existing law by providing that a real property occupant owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act. Establishes that a possessor of land does not owe a duty of care to a trespasser, except for cases when the land possessor knows of the trespasser’s presence, maintains certain types of artificial conditions on the premise, or in certain instances involving child trespassers.

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Unchallenged

Obesity Litigation Reform: HB 1115 (2004)

Missouri|2004

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers,

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Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food (as defined in Title 21 U.S.C. Section 301 (F)) or an association of one or more such entities when the claim is for weight gain, obesity, or a health condition associated with weight gain or obesity. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the violation was committed knowingly and willfully. The provisions of the bill do not preclude civil liability for breach of express contract or express warranty in connection with the purchase of food. Finally, H.B. 1519 provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

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Unchallenged