Mary C. Hoemann


It is not every day that one wants to sit on the same side of the legal fence as the man who stabbed him. If such strained camaraderie is necessary to collect payment for the injuries, however, on may consider assuming such a bizarre position. This Note discusses such a situation where an assailant and his victim found themselves on the “same side” in the victim’s quest to collect under the stabber’s homeowners insurance policy. The results of this case yield some definitive rules on when Missouri courts will apply the doctrine of collateral estoppel to prevent tort liability insurance coverage for an insured’s intentional acts. This Note analyzes the effect underpleading—a tort plaintiff’s choice to plead and prove negligence, rather than an intentional tort—has on insurer’s duty to defend insured for intentional acts.

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