Scott Hofer and Jim Maloney Successfully Defend Appeal of Favorable Judgment

As of March 15, 2017, the Southern District of the Missouri Court of Appeals has affirmed a favorable judgment obtained by Scott Hofer and Jim Maloney in an equitable garnishment seeking more than $1.8 million from their client.  The appellate court agreed that the insurer’s reservation of rights was effective and did not waive its coverage defenses.  The court also agreed it was required to defer to the trial court’s extensive findings of fact on the coverage issues following a bench trial and that the law had been correctly applied.  More information about the case can be found in the firm’s publication of the victory at the trial court level in November, 2015.  The court of appeals issued its ruling just one week after oral argument.  Scott and Jim handled both the briefing and bench trial before the circuit court as well as briefing and argument on appeal.

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