COLUMBIA CAS. CO. v. HIAR HOLDING, L.L.C.

No. SC 93026.

411 S.W.3d 258 (2013)

COLUMBIA CASUALTY COMPANY, Appellant, v. HIAR HOLDING, L.L.C., and HMA Riverport, L.L.C., and Karen S. Little, L.L.C., Individually and on Behalf of the Other Members of the Certified Class, as Assignees, Respondents.

Supreme Court of Missouri, En Banc.

Motion for Rehearing and/or Modification Denied October 29, 2013.


Attorney(s) appearing for the Case

James F. Bennett , Edward L. Dowd , Jennifer S. Kingston , Selena L. Evans , Dowd Bennett LLP, St. Louis, MO, Christopher R. Carroll , Kristin V. Gallagher , Jonathan A. Messier , Carroll, McNulty & Kull LLC, Basking Ridge, NJ, for Appellant.

Alan S. Mandel , Mandel & Mandel LLP, John S. Steward , Steward Law Firm LLC, Max G. Margulis , Margulis Law Group, J. Vincent Keady Jr. , Stinson, Morrison, Hecker LLP, St. Louis, MO, Brian J. Wanca , David Oppenheim , Anderson + Wanca, Rolling Meadows, IL, Phillip A. Bock , Robert M. Hatch , Bock & Hatch LLC, Chicago, IL, for Respondents.


MARY R. RUSSELL, Chief Justice.

An insurer that refused to defend its insured challenges its liability for damages that were agreed to in a settlement between the insured and a class of plaintiffs that brought suit alleging that the insured violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. section 227 et seq. After the class and the insured reached a settlement, the class filed a garnishment action against the insurer. The insurer sought a declaratory...

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