This Note explores the consequences of an insurer’s breach of the duty to defend under Missouri case law. It also examines the theories applied in other states in support of the position that a breach of the duty to defend entails loss of the right to argue lack of coverage. The Note concludes that the holding in Royal insurance Co. of America v. Kirksville College of Osteopathic Medicine, Inc. resolved a burgeoning controversy by clarifying insurers’ rights to an extent unknown in other jurisdictions.
Having Failed to Defend, an Insurer Can Still Argue Lack of Coverage - Royal Insurance Co. of America v. Kirksville College of Osteopathic Medicine, Inc.,
68 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol68/iss4/8