The law of insurance coverage and bad faith is constantly evolving. Jim Maloney stays on the cutting edge of those developments, both with regard to changes in the law and in crafting and nurturing innovative theories and defenses, in order to best assist clients in need. For nearly a decade, Jim’s practice has focused on this intriguing area of the law, both in Missouri and Kansas. He has led insurance companies through multimillion-dollar coverage and bad faith litigation and through difficult pre-litigation considerations and planning.
All cases are different, which is why Jim gives each case individual and tailored treatment. While past results can never guarantee future successes, since each individual case will be judged on its own merits, here are just a few examples of recent successes Jim has helped his clients achieve: June 2015, the Eighth Circuit affirmed summary judgment in favor of the company Jim represented in a suit for bad faith refusal to settle, where the company had refused to pay its policy limits to settle two of three pending claims, which would have left its insured exposed to the third claim with no remaining coverage. July 2015, judgment was entered in favor of Jim’s client following a bench trial in the City of St. Louis. The client was an excess insurer alleged to be liable for an $11,000,000 judgment in excess of the primary carrier’s limit, but the court agreed that no coverage was afforded by the excess policy. September 2015, the federal court for the District of Kansas granted a summary judgment motion Jim prepared on behalf of a liability carrier in a bad faith case. Jim convinced the court the carrier did the right thing by initially refusing to exhaust its limits to settle in favor of one of two exposed insureds and that it was the plaintiff, not the carrier, who caused the failure of settlement. November 2015, a bench trial in Laclede County, Missouri resulted in a finding of no coverage in favor of Jim’s client, where the alleged insured had rejected the insurer’s defense under reservation of rights and allowed the plaintiff to obtain a $1,800,000 uncontested judgment. Following a number of favorable pre-trial evidentiary rulings, the insured dismissed his claim for bad faith against that insurer. Jim’s peers have recognized his hard work and abilities. He has an AV-Preeminent Peer Review Rating through Martindale-Hubbell, and he has also been voted a Super Lawyers Rising Star for Missouri and Kansas each year beginning in 2013.