PAYING A PREMIUM FOR AMBIGUOUS LANGUAGE – MISSOURI’S UNINSURED MOTORIST STATUTE AND EMOTIONAL DISTRESS DAMAGES


  1. I. INTRODUCTION

With the passage of Missouri’s Uninsured Motorist Statute[1] the legislature established a bright line of mandatory coverage for uninsured motorists to protect insured drivers from those who failed to obtain automobile insurance. [2] Until 2009, however, insured motorists could only be compensated for damages that were the result of physical injury while being in the “zone of danger.”[3] With, Derousse v. State Farm Mut. Auto. Ins. Co., the court considered whether the Uninsured Motorists Statute was ambiguous in regards to emotional distress damages and whether negligent infliction of emotional distress was covered under Missouri’s Uninsured Motorist Statute. [4]

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CLASS DISMISSED: CONCEPCION AND THE END OF CLASS ARBITRATION

       I.            Introduction Arbitration agreements have become common place in employment and commercial contracts. Since the 1920’s arbitration has gained popularity as a means of settling commercial or employment disputes. Until AT&T v. Concepcion, however, the issue of …