Justia Missouri Supreme Court Opinion SummariesArticles Posted in Business Law
Emerson Elec. Co. v. Marsh & McLennan Cos.
Insured appealed the circuit court's grant of judgment on the pleadings to Broker on Insured's claims that Broker violated a fiduciary duty of loyalty to Insured by not disclosing that Broker received contingent commissions from Insurers for directing Insured's business to them and that Broker kept all interest earned on the premiums Insured sent it between the time Broker received them and the time they were forwarded to the Insurers. In addition, Insured argued that Broker breached a duty to find it the least costly policy possible. The Supreme Court reversed, holding (1) brokers do not have a duty to find insureds the lowest possible cost insurance available to meet their needs; (2) Missouri law specifically authorizes a broker to receive commissions from the insurer and to deposit premiums in an account pending their payment to the insurer or refund to the insured; but (3) the trial court erred by dismissing the petition because it could not be said as a matter of law that Emerson could not recover on one or more of its claims. Remanded. View "Emerson Elec. Co. v. Marsh & McLennan Cos." on Justia Law
CACH, LLC v. Askew
CACH, LLC, a debt collector, brought an action against Jon Askew for an alleged outstanding debt owed by Askew. The circuit court entered judgment in favor of CACH and against Askew. Askew appealed, contending that CACH did not properly demonstrate that it had been assigned the debt in question and that the circuit court improperly admitted an exhibit based on the business records exception to the hearsay rule. The Supreme Court reversed, holding (1) the disputed exhibit was erroneously admitted into evidence by the circuit court under the business records exception; (2) without admission of the exhibit into evidence, CACH failed to provide any competent evidence of the alleged assignment of Askew's account to CACH; and (3) without evidence of the validity of this assignment, CACH did not demonstrate it had standing to pursue the claim. View "CACH, LLC v. Askew" on Justia Law
Kansas City Premier Apartments, Inc. v. Mo. Real Estate Comm’n
Tiffany Lewis and Ryan Gran, neither of whom had a real estate brokerage license, founded Kansas City Premier Apartments, a business devoted to assisting owners of rental property in locating prospective renters. After the Missouri Real Estate Commission informed Lewis that KCPA was conducting real estate activity without a Missouri real estate license in violation of Missouri law, KCPA filed a lawsuit requesting a declaratory judgment that Mo. Rev. Stat. 339 did not encompass its business activities, that it was exempted from licensure requirements, and that the Commission's interpretation of chapter 339 violated KCPA's rights under the United States and Missouri constitutions. The Commission filed a petition for a preliminary injunction, and the two cases were consolidated. The trial court issued an injunction against KCPA. On review, the Supreme Court affirmed, holding (1) KCPA failed to meet its burden that it qualified for an exemption; (2) the challenged provisions of chapter 339 did not violate KCPA's freedom of speech under either the Missouri or United States constitutions; (3) the exemptions listed in chapter 339 did not violate the equal protection clause of the Missouri Constitution; and (5) the challenged provisions of the law were not unconstitutionally vague. View "Kansas City Premier Apartments, Inc. v. Mo. Real Estate Comm'n " on Justia Law