Brandee Bower

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Missouri’s New Expert Witness Standard

Missouri has adopted a new standard for expert witness testimony. The old standard was based upon a statute, while the new standard follows the Daubert1 standard. In Daubert, the United States Supreme Court held that the enactment of the Federal Rules of Evidence overturned the Frye2 standard which had been in place since 1923. Frye … Continue Reading

Will My Case Go to Trial?

This question is asked of me in every meeting with a potential client. Unfortunately, I do not have a crystal ball that permits me to definitively respond to that question. However, I have faith in statistics, and in Colorado the answer to the question is that a case will probably not proceed to trial. Approximately … Continue Reading

In Missouri, ACV For Fire Losses Looks To Fair Market Value, But For Other Losses ACV Is Replacement Cost Minus Depreciation; Plus, Labor Costs Are Not Subject To Depreciation

In researching an issue for a Public Adjuster, I came upon this gem of a case. In Missouri, the argument has always been that when calculating actual cash value you must use fair market value. This is not a good thing for most insureds, especially in big losses. It usually means a meager payment up … Continue Reading

Crop Insurance Policies

There are two types of crop insurance policies. Multi-peril policies are similar to what most people purchase for their home or business and they insure against perils such as wind, hail, and fire. There are also hail specific policies which many farmers purchase since hail is so prevalent and doesn’t fall in a straight line, … Continue Reading

Greetings from Hail Alley!

On May 10, 2016 there was a severe thunderstorm near Colorado Springs, Colorado. The below photograph depicts hail streaks (hail falling to the ground) and is a stunning image that captures the destructive nature of these storms.1… Continue Reading

Ambiguous Terms in Arkansas

There is a new case out of Arkansas discussing ambiguous terms within policies.1 I have not previously blogged on any matter from Arkansas, so this seemed like a good opportunity. My practice covers mainly the Midwest states, so I don’t want to leave anyone out. So, this is for all of you in the "Land … Continue Reading

Missouri Insurance Statistics for Homeowners

I start most Saturday mornings in the same way—I read Nicole Vinson’s blog, which is always very informational and entertaining, and I do some research on insurance practices around the country. This Saturday, I woke up in Missouri after settling a large residential fire loss against Start Farm. This got me thinking about insurance companies … Continue Reading

Anticoncurrent Causation Clauses in Illinois

With freezing temperatures and blizzards sweeping a good part of the country, I thought I would blog on a case about a swimming pool, giving us a subtle reminder that winter is temporary and spring is on its way. It also provides guidance on the status of anticoncurrent causation clauses in Illinois insurance policies.… Continue Reading

Intended or Expected Injuries/Damages

In this post, I will look at the intentional acts exclusion. A recent case in Kansas, Parker v. Farm Bureau,1 dealt with intended or expected injuries/damages. The court in Parker found you must look to whether an injury was intended or substantially certain to occur, not just whether an injury happened.… Continue Reading

Intentional Acts in California: Exclusion is invalid for innocent insured if loss is caused by other insured’s intentional act

Thank you to those who sent me great comments on my post, Under a Standard Fire Policy, Intentional Conduct may be Covered. In response, I thought I would make this into a series and update you on how a variety of states are handling exclusions in fire policies for intentional acts. This post will be … Continue Reading