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Allen V. Bryers: The Missouri Supreme Court's 2016 Decision Adds Clarity (And Confusion) To Insurers' Duty And Right To Defend Their Insureds, Jeffrey E. Thomas

Faculty Works

In a previous paper, I suggested that the Missouri Supreme Court had adopted a forfeiture penalty for insurers that breached the duty to defend. This paper revises that position based on the December 2016 Missouri Supreme Court decision of Allen v. Bryers in which the court held that to recover damages beyond the applicable liability insurance policy limits, the insured (or an assignee) would have to demonstrate the insurer had acted in bad faith. However, the court confirmed a forfeiture approach up to the liability insurance policy limits. Where an insurer breaches its the duty to defend in a liability …