KCLawyer
Monday, March 29, 2004
New Missouri Malpractice Carrier
Physicians have formed their third medical malpractice insurer under a special Missouri law that allows such firms to open without the typical capital investment. Department of Insurance Director Scott Lakin issued an operating license to Missouri Doctors Mutual Insurance Co., a St. Joseph-based concern that includes a state House member among its organizers. State Rep. Robert Schaaf, a family physician, will serve as board chairman of the new firm, which he formed with two other St. Joseph doctors, James Conant and Deborah Stoner (Bryan); policyholders, however, will own the company by law. The company is the eighth new entry into Missouri's medical malpractice market in the past year, although not all those companies are actively marketing.
Monday, March 22, 2004
Missouri Concealed Weapons
Law permitting carrying of concealed weapons does not violate Article 1, section 23 of the Missouri Constitution, but may violate the Hancock Amendment, Article X, Sections 16 and 21 of the Missouri Constitution, limitations on unfunded mandates. In fact, four counties to the suit presented evidence sufficient to show that they will be impacted financially by this legislation, and are excused from compliance with the conceal and carry law. Brooks, et al, v. State of Missouri, et al., No. 85674 (Mo. banc, February 26, 2004)
Receivership - Conflict of Laws
In an apparent case of first impression, the Western District of the Missouri Court of Appeals held that application of Missouri law is not necessarily required in Missouri receivership proceedings. Westinghouse Electric Corporation was insured under excess liability policies issued by Transit Casualty Company, and Westinghouse had numerous toxic tort bodily injury claims asserted against it arising from alleged exposure to asbestos and steam generator claims. Viacom, Inc., as successor in interest to Westinghouse Electric Corporation, Appellant v. Transit Casualty Company in receivership, Respondent, No. 62864 (Mo.App. W.D., March 2, 2004)
