INSURANCE COVERAGE AND LIABILITY

For nearly 25 years, the Herron Law Firm has been developing and implementing innovative legal strategies to assist individuals, businesses, and insurance carriers in regard to insurance coverage issues, liabilities, and losses. Our success on behalf of our clients has been measured by our excellent courtroom record.

The function of courts is to interpret and enforce an insurance policy as written, not to rewrite the contract. The language in an insurance contract should be given its plain meaning. Courts will not use their inventive powers to create coverage where none exists or rewrite a policy to provide coverage for which the parties never contracted. However, if the insurance contract is ambiguous, the Court will often construe the contract against the insurance carrier.

When coverage is questionable, an insurance carrier will likely send the insured a reservation of rights letter. In this circumstance, the reservation of rights attempts to avoid a potentially large liability for failing to defend, without committing the insurer to the unnecessary expense of indemnifying the insured for liability not covered by the policy. Missouri courts, however, permit the insured to exercise the right to refuse the insurers' reservation of rights defenses.

Our work in the insurance field has arisen in many liability and loss contexts: asbestos, bad faith, breast implants, business interruption, business torts, directors and officers, employment, environmental contamination, fire, lead paint, medical devices, mold, pharmaceuticals, professional, repetitive-stress injuries, "sick" buildings, toxic torts, chemicals, chain saws, water heating products, propane, food products, industrial equipment, automobiles, consumer goods, defamation, as well as a variety of other common liabilities and losses.

In addition, there are other types of cases which we handle involving insurance issues. For instance, most people are aware that if they are involved in an automobile accident with another vehicle they can bring a lawsuit against the driver and owner of the other vehicle for monetary damages. But what if the other vehicle has minimal insurance coverage that is inadequate to compensate you for your injuries? Or worse, what if the other vehicle had no insurance at all? Under these circumstances, an insured may be able to look to their own automobile insurance policy for  uninsured motorist and underinsured motorist coverage. Furthermore, if the insured owns more than one vehicle, he or she may be able to stack insurance coverage and recover the aggregation of automobile insurance coverage limits of liability.

Other insurance cases involve only property damage. Property insurance is a contract that, for a stipulated premium, the insurer will pay to the insured the value of the insured property or amount of damage if, during the policy period, the same is destroyed or damaged by a peril insured against. An action to recover for such a loss is a direct action upon the policy. This basic concept of property insurance is subject to statutory regulation and endless contractual endorsements. The payment for a loss may be limited by a co-insurance clause in the policy. The amount due by the insurer may be governed by the stated value statute. The policy may insure against a named peril or it may be an "all risk" policy. The policy may provide for supplementary payments. Issues of this nature often arise out wind damage, a fire loss, or a motor vehicle accident.

In all intances, insurance carriers must be careful when denying coverage, or refusing to defend an insured, or failing to settle a claim within policy limits. Under a standard insurance liability agreement, an insurance company owes its insured both a duty to defend and a duty to indemnify. When an insurer breaches either duty, the insured may have a cause of action for bad faith. Bad faith liability derives from a contract principle, the implied covenant of good faith and fair dealing. This implied covenant exists in insurance policies and governs virtually every duty and obligation the insurer owes to the insured. It also requires the insurer to act in good faith when considering settlement offers during its defense of the insured. If an insurer is found to have acted in bad faith, the court or jury can award damages and/or attorney's fees in addition to any amount due under the contract or the loss. Punitive damages are also recoverable.

In regard to first party claims, Missouri also has four statutes providing for the recovery of damages and attorney fees if an insurer unreasonably refuses to pay a loss. These are often referred to as vexatious refusal to pay statutes. When an insurance carrier has determined that it has no meritorious defense to an insured's claim on the policy and continues in its refusal to pay the claim, it becomes subject to a vexatious refusal to pay claim. The damages against the insurance carrier are limited by statute.

The Herron Law Firm has a breadth of experience in both personal lines and commercial insurance issues, including expertise in the following areas: (1) Prosecuting and defending declaratory relief/declaratory judgment actions in both state and federal courts; (2) ADR/mediation/arbitration of insurance coverage disputes -- an increasingly popular forum for resolution of coverage questions; (3) Preparation of comprehensive coverage opinions; (4) Handling of appeals in coverage cases.

Our practice includes some of the most creative solutions involving insurance coverage currently being considered and litigated within the legal community. We have concluded thousands of settlements on behalf of our clients and if possible, we attempt to avoid expensive and time-consuming litigation by using innovative alternate dispute resolution techniques. Most insurance issues cannot be solved by inexperienced attorneys. In many insurance cases, The Herron Law Firm has been confronted with a complex set of facts, unsettled law, and a problem that defies a cookie-cutter solution. The firm's experience in the insurance field has led to the successful resolution of such cases. The Herron Law Firm invites you to present your challenging insurance issues to them so they can find the right strategy to solve your problem.

As part of its litigation practice, The Herron Law Firm handles major personal injury matters. These matters include wrongful death cases, significant industry and workplace injuries, and injuries adversely and permanently altering an injured person's lifestyle and capacity to work. These cases also typically involve claims for pain and suffering, reimbursement for past and future medical care, and loss of earnings. Cases of this nature require special expertise. The Herron Law firm has the experience, knowledge, and resources to perform a sophisticated and analytical investigation of any occurrence to determine the nature and extent of the alleged negligent conduct which may have caused a severe or devastating injury. The firm combines their technical expertise with a full understanding of the need to foster one-on-one relationships with clients in order to provide the highest level of service.

Many cases require special expertises. For instance, a truck can pose a significant danger on the highway if not operated in a prudent fashion. There can be numerous reasons why a truck might be dangerous such as an aggressive driver, unrealistic schedules, failure to inspect tires, brakes and lights, tailgating, illegally long work-shifts, driver fatigue, boredom and cell phone use, failure to install blind spot mirrors to avoid dangerous lane changes, and speeding. A big rig traveling at 70 miles per hour has twice as much energy as one at 50 mph. In addition, automobiles are designed under Federal Motor Vehicle Safety Standards to encounter like size vehicles, not 72,000 pound trucks. Together these factors can account for the high percentage of serious injuries and deaths in truck accidents. In a catastrophic case, it is critical that you have an experienced attorney who knows what issues to address.

PERSONAL INJURY

Personal injury is an area of law that generally addresses bodily injury or death. Among the causes of action that are normally associated with personal injuries are automobile accidents, assault and battery claims, and slip and fall accidents. Personal injuries cases caused by the negligence of another person or business should usually be handled by an experienced, aggressive, ethical attorney. The Herron Law Firm provides such qualities.

There are many laws and factors which affect a personal injury case. From the view point of the injured party, the best advice is to immediately contact an attorney to decide how to proceed. Factors which affect injured persons ability for a prompt and fair recovery include some of the following: Seeking and obtaining prompt medical care, preservation of evidence, obtaining names of witnesses and witness statements, evaluation of liability, evaluation of causation, evaluation of damages, an awareness of statutes of limitation on particular actions, and obtaining insurance information. The Herron Law Firm has prosecuted and defended thousands of personal injury cases. We welcome the opportunity to discuss your case with you.

WORK RELATED INJURIES - WORKERS COMPENSATION

In Missouri and Kansas, state statutes and regulations form the basis of the workman's compensation law. In short, workman's compensation is insurance for employers if their employees are injured on the job. The workman's compensation laws dictate that almost all employers have some type of workman's compensation coverage. If the employer does not have coverage for an injured employee, they can be fined and the employee could be entitled to bring a civil action against the employer. Both employees and employers should know how to proceed under the law if an employee is injured on the job. The employee should first report the injury to the employer and the employer should then report the injury to the Division of Workers' Compensation. In almost all cases, the employer has the right to choose the doctor who will treat the employee. If the employee has a valid claim, he or she will be entitled to be reimbursed for missed time at work and for medical bills. The employee may also be entitled to payment for permanent injuries. It is very important that the employee file a timely notice of the claim and file a timely workers' compensation claim. If the employee fails to comply with the time deadlines under the Workers' Compensation Act, the claim will be forever barred.

Any employer with five or more employees, and all employers in the construction industry, are required to provide protection for their employees under the Missouri Workers' Compensation Law. Employers and insurers can obtain additional information regarding workers' compensation claims in Missouri by clicking here. Click here for Kansas claims information.

If the employee is able to return to work after his or her injury, the employee may be entitled to a settlement or payment for your "permanent partial disability." The amount that the employee will receive for permanent injury depends on the extent of the disability. Disability may be evaluated by doctors or other experts. There are formulas in the workers' compensation statute to determine the amount of permanent partial disability awards. The amount of the settlement will vary depending upon several factors, including the disability ratings from the doctors, the employee's average weekly wage and the date of the accident. If an emplyee is permanently and totally disabled from all types of employment, he or she may qualify for "permanent total disability benefits" under the Missouri Workers' Compensation Law. However, in order to qualify for these benefits, the employee must be unable to work in any line of work in the labor market because of your compensable injury or occupational disease. Set forth below is a summary of some of the issues that may aries in a Missouri Workers' Compensation case.

If you have a Kansas claim, you can obtain additional information here.

If you have a workers' compensation claim or question, please contact us by email or by telephone at 816-252-5422.

WRONGFUL DEATH

Under the statutes of most States, specified family members have a right to be compensated when a loved one is wrongfully killed. The law generally permits the jury to award damages for lost support, guidance, services, consortium, comfort, instruction, counsel, training and companionship, as well as reimbursement for funeral expenses.

MEDICAL MALPRACTICE

Although surgeons, internists, emergency room physicians, obstetricians, anesthesiologists, radiologists, physical therapists, podiatrists, chiropractors, dentists, and other health care professionals rarely intend the catastrophic injuries that often result from their negligence the proliferation of significant injuries caused by medical negligence over the past 20 years says much about the changes that have occurred in the United States in the delivery of medical services over that same period.   The complex issues involved in even the simplest medical negligence case requires the experience of trial attorneys familiar not only with complex litigation but also the medical systems and disciplines responsible for the care involved. During the past decade many states enacted statutes which significantly altered the traditional rules of litigation for medical negligence cases. Today most states now have very short statutes of limitations for filing medical negligence cases as well as various special court rules governing medical malpractice actions and the monetary damages that are recoverable in these cases. Our attorneys have over 20 years of experience litigating medical negligence cases involving nearly every medical discipline and imaginable injury including claims for wrongful death.      

Medical cases also involve suits against drug manufacturers. For instance, Vioxx manufactured by Merck & Co., was pulled from the market by the drugmaker because it might increase the risk of heart attacks and strokes. Clinical trials have indicated that long term use of the painkiller Vioxx doubles a person's risk of heart attack and stroke. It is estimated that 2 million people are taking Vioxx worldwide. Merck's action is the direct result of a huge clinical trial comparing Vioxx to sugar pills. The trial's main goal was to see whether Vioxx could prevent recurrent colon polyps. But the trial was also designed to look at the drug's long-term safety. For the first 18 months of the trial, patients taking Vioxx every day had no more heart attacks or strokes than those taking placebo pills. But after 18 months on Vioxx, patients' heart attack and stroke risks doubled.

TOXIC TORTS

Over the last twenty years the law has witnessed an explosion in the field of toxic tort litigation, spawned by, among other things, rising awareness of environmental issues. Numerous corporations have been targeted for civil liability. Toxic tort litigation encompasses the gamut of product liability claims for chemical and other substance poisonings. Due to the very nature of chemical and substance mishaps as well as the long latency periods associated with many poisonings, large populations are often affected before the nature and cause has been discovered. Such a problem often results in a battle between scientists and doctors in the courtroom.

Examples of toxic tort claims include, but are not limited to, the following: lead paint claims; asbestos litigation; dry-cleaning solvents; mold; pesticides; DDT; electromagnetic fields; toxic landfill waste; fire-retardant building materials, furniture and fire extinguishers; PCBs, and numerous other chemicals.

Welding Rods: A new stream of toxic tort cases is sure to arise from allegations that toxic fumes generated during the welding process can pose a serious threat to the welder and others in the immediate area. In recent litigation, it has been alleged that welding fumes when inhaled, can cause serious short-term and long-term health effects and often cause lung, heart, kidney, and central nervous system problems. It has also been alleged that rods made of cadmium produce fumes with potential cancer causing agents. Manufacturers and insurers have been relatively successful in defending such claims alleging that there is no causal link between exposure and injury. However, it is now being successfully alleged that exposure to manganese (which is found in stainless steels, carbon steels and in welding rods) during the welding process may be linked to Parkinsons disease.

The primary issues in toxic tort cases are the knowledge and conduct of the defendant, the dangers known to exist at the time the defendant engaged in the conduct of which it is accused, and the causal relationship of the offending agent to the plaintiff's injuries. Toxic tort claims rely heavily upon the use of expert witnesses on all of these issues.

TheHerron Law Firim has been involved in numerous toxic tort cases. These claims involve special expertise. If you have a case involving a toxic tort, we are available to answer your questions. Please accept our invitation to contact us by telephone or email.

DEFAMATION

Many of us are familiar with reports of Hollywood movie stars suing tabloid publications for printed articles containing false information. These are usually defamation cases. Defamation refers to a category of civil claims based on false statements which are published, meaning spoken or expressed in writing, to a third party. Defamation includes claims for libel and slander. A libel is generally a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing that person to public hatred, contempt or ridicule. Slander, or oral defamation, generally occurs when a statement is uttered to a third party which is false and malicious. Though defamation claims are frequently asserted against commercial publications, such as newspapers, defamation can also occur in a private setting, arising out of a letter or a conversation. In some cases, business owners may be sued based on the same legal principle. It is therefore important that the content of communications, particularly those which are written or circulated to a wide audience, be accurate and fair.

The Herron Law Firm has prosecuted and defended defamation cases. If you have a question about libel or slander, call them today.

PRODUCT LIABILITY

If a defective product causes an injury to an individual, the manufacturer and distributors of that product may be liable for any damages sustained. The Herron Law Firm has litigated cases numerous product liability claims including claims against major automobile manufacturers, industrial equipment suppliers, chemical companies, paint companies, farm equipment dealers, chain saw manufacturers, propane gas company's, among others.

NURSING HOMES

With the rise in the number of senior citizens, cases involving nursing home abuse and negligence have become more prominent. Placing a loved one in a nursing home can often be the most difficult decision a person makes in their life. Placing trust in a nursing home to care of a loved one is a huge commitment and one that is never taken lightly. Many nursing homes have take steps to provide proper care to residents, but others have not. Presently there are Federal initiatives to crack down on those nursing homes and retirement centers that do not follow the rules. Unfortunately, the government often does do a stellar job in policing these facilities and the substandard care of residents. Today, more than a million elderly and disabled people receive care in a nursing or retirement center. There are more than 16,800 retirement and nursing centers in the United States. The Federal government provides funding to the State government to conduct on-site inspections. The State can recommend sanctions against nursing homes that violate health and safety rules. In addition, the legal system provides a means to resolve issues concerning nursing home negligence. The Herron Law Firm has resolved many nursing home claims. If you have an issue concerning a nursing home, please contact us.

BICYCLE ACCIDENTS

The circumstances surrounding every bicycle/motor vehicle accident must be considered to determine the compensatory value of the claim and likelihood of success. This includes assessing the direction of travel of the parties involved, the speed of the bicycle, the speed of the vehicle, the conduct of each driver, the ability of the driver of the car to see the bicyclist as well as the extent of the injury and available coverage. Other issues such as payment of the medical bills, the interest of a health insurer for payments made and a determination of the coverage available all raise issues best handled by a lawyer. If you have a a case involving a bicycle accident and require legal assistance, our firm is available to help.

LEMON LAWS

A home and a car are two the biggest purchases a consumer will make during his or her lifetime. On occasion, a consumer will purchase a lemon. In many instances, the seller will recognize the problem and rectify the problem. In other cases, the legal system will resolve the dispute. Such matters are often referred to as Lemon Law cases. Many states have Lemon Laws. However, the law is very complex and other legal theories may be asserted in a court of law.

A consumer should always document their case. Retaining copies of the warranty, repair orders, and keeping notes of whom they talk to, what is said, and dates and times can be critical. It is best to put any complaint in writing.

In certain cases, a manufacturer has the right to repair the product. A state's lemon laws often define the number of attempts a manufacture has to repair a product. Consumers should always keep a copy of any repair order.

In many cases, it is critical to have an independent expert examine the product. If the product is a lemon, there may be problems with the product that are not readily apparent.

BUSINESS AND COMMERCIAL LITIGATION

The Herron Law Firm has a highly skilled business and commercial litigation practice. We are efficient, effective, and we get results. Our reputation in the legal community as a premier litigation and trial firm is unparalleled for a firm our size. We are able to provide results-oriented, cost-effective legal services by working more efficiently, preparing for trial early, and carefully managing the pretrial process. Our business and commercial litigation practice is diverse, sophisticated, and often entails high-profile cases and clients. We represent both plaintiffs and defendants in civil matters, and aggressively advance our clients' interests whether we are prosecuting or defending claims. Our attorneys litigate in both federal and state courts. Our lawyers have substantial trial experience and approach each case as a potential trial. This allows our attorneys to focus on the core issues of the case and efficiently litigate these issues. Our trial expertise reaps substantial benefits for our clients during trial, and our trial-ready philosophy helps us to obtain better settlements prior to trial through mediation or arbitration proceedings.

MULTISPORT ATHLETE LEGAL REPRESENTATION

The Herron Law Firm represents athletes specializing in endurance, adventure, and fitness related sports such as triathlon and duathlon. The Herron Law Firm provides a wide-spectrum of legal services for athletes which often compliment the services of marketing agents. The Herron Law Firm facilitates contract negotiations with sponsorship agreements and agency agreements, and ensures that each client's rights under their agreement are enforced. It represents athletes in litigation matters including appeals of fines and suspensions. The Firm also provides assistance with injury related issues. When it comes to the business of legal representation of athletes, the Herron Law Firm has the talent and resources to meet the personal needs of every client.

TRAFFIC VIOLATIONS

Sooner or later, everyone gets one. In most cases we can resolve traffic issues without you ever appearing in court or even coming into the office. In addition, we will advise you on we can keep points off your driving record and how you can keep your insurance premiums from increasing.

If you have any additional questions regarding your legal matter, please call us at 816-252-5422 for a free consultation. Please remember that lawsuits are governed by various time limitations. If you fail to respond within those time limitations, your rights will be jeopardized. Therefore, it is important that you contact us immediately if you have an important legal matter.