James Manning Law

Missouri approved jury instructions revised as follows: 2.00(C) [2020 New] Juror Bias Instruction for Use in All Cases Before Jury Selection (Approved October 30, 2019; Effective January 1, 2020) Justice depends on careful and fair decisions based on a conscious and unbiased analysis of the evidence in this case. It is the duty of every juror to determine the facts based upon the evidence presented at trial. Automatic or reflexive responses influenced by conscious or unco...nscious preconceptions or stereotypes should not enter into that determination. Bias based upon factors such as race, sex, gender, gender identity, religion, national origin, ethnicity, disability, age, sexual orientation, or marital status has no role in the pursuit of justice. Your conclusions in this case should be based on a fair and unbiased consideration of the evidence and respect for the views of other jurors whose backgrounds and perspectives may be different from yours. See more

Insurance coverage denial alert!!! Many auto insurers are denying uninsured and underinsured motorist (um/uim) coverage to members of law enforcement. This is coverage that members of law enforcement - like most Missourians - pay for as part of their auto insurance. UM/ UIM coverage applies when an insured is injured by an uninsured or underinsured motorist. Many standard auto policies have recently been modified to state that coverage "shall not apply directly or indirect...ly to benefit any insurer or self insurer under any workers compensation law." The policies also purport to exclude coverage if the um/ uim motor vehicle is owned by a state or local governmental agency. It doesn’t take a rocket scientist to figure out that these exclusions are designed to deny claims to members law enforcement injured by um/uim motorists while in the line of duty. At Manning Law, we have decided to dedicate part of our practice to taking on these exclusions because they are unfair and deprive insureds of bought and paid for coverage. Members of law enforcement should not be treated any differently than anybody else when it comes to applying um-uim coverage. Work comp insurers do not have liens against um/uim coverage. Barker v. Palmarin. UM/UIM motor vehicles are those of the at fault party, not law enforcement. So, it makes no difference whether there is work comp involved or whether the insured was occupying a patrol vehicle. We are currently litigating five very significant cases involving these issues. If you or a loved one are getting a claim denied because the injury occurred while in the line of duty, let’s work together to overcome the policy exclusion and enforce the coverage that you work so hard to pay for!

Did you know: turkey frying is a leading cause of house fires. Thankfully, Missouri has a valued policy statute (see below). At Manning Law, we have represented many people who have suffered a total loss to their dwelling. We have successfully handled these types of cases in the state and federal courts of Missouri including the United States Court of Appeals for the Eight Circuit. Schubert v. Auto Owners. The bottom line is that insurers must pay the full policy limit val...ue when the dwelling is a total loss. We are here to fight against attempts to pay like kind and quality and anything else that doesn’t represent full policy value. 2005 Missouri Revised Statutes - 379.140. Company not to deny value--full amount of policy to be paid. 379.140. In all suits brought upon policies of insurance against loss or damage by fire hereafter issued or renewed, the defendant shall not be permitted to deny that the property insured thereby was worth at the time of the issuing of the policy the full amount insured therein on said property; and in case of total loss of the property insured, the measure of damage shall be the amount for which the same was insured, less whatever depreciation in value, below the amount for which the property is insured, the property may have sustained between the time of issuing the policy and the time of the loss, and the burden of proving such depreciation shall be upon the defendant; and in case of partial loss, the measure of damage shall be that portion of the value of the whole property insured, ascertained in the manner prescribed in this chapter, which the part injured or destroyed bears to the whole property insured.

Final day at the mass torts conference. Great time learning from some of the best!

Venue? This is an important consideration whenever dealing with an auto injury/ insurance matter. Missouri is divided into different judicial circuits. For example, Cass and Johnson County are part of the 17th Judicial Circuit. A car wreck case will pend in the circuit court in the county where the accident occurred. Court procedures and customs can vary depending on where a case pends. So, it can be very helpful to consult with an attorney who has experience practicing in the county where the case will pend.

Stacking? A lot of people ask me about this. The multiplication of coverage limits by the amount of autos insured is known as "stacking." Stacking is a hot button issue in the area of auto claim litigation. Insurers do not like to pay more than one coverage limit. Plaintiff's attorneys like myself seek to stack multiple coverages in order to increase the amount of coverage available. The logic is that if you pay a separate premium for separate coverages, then should be ...able to "stack" all of the coverages. The court opinions vary widely on this topic. Stacking is more common in cases involving uninsured motorists. Here is an example of a recent case I handled. Our client had just finished work when she was run over by a customer who was upset about treatment at the business. Our client did nothing wrong. She was just trying to walk to her car after working a long shift. The at fault motorist was uninsured. The uninsured motorist insurance carrier denied the claim. We litigated the case against the uninsured motorist and hired a neuropsychologist to serve as our retained expert witness. We obtained a $300,000 recovery the month before trial. This was our client's $100,000 uninsured motorist coverage limit multiplied by the three autos that she had insured. We helped our client by not only winning against the unisured motorist but also by winning on coverage and then winning on stacking. We didn't finish there. We then eliminated the workers compensation lien pursuant to Barker v. Palmarin, 799 S.W.2d 117 (Mo. App. 1990). This put more money in our client's pocket which she desperately needed to help with medical bills and her housing situation. Stacking is an example that there is very often more than meets the eye when it comes to auto claims and insurance coverage litigation.

Neglect shouldn't happen, if you suspect elderly abuse or neglect, contact the local authorities immediately and call an attorney. #jamesmanninglaw #elderabuse #nursinghome #wecare #reportit #harrisonville #missouri

Last year in the state of Missouri 11% of all fatal crashes involved a motorcycle. Please watch for motorcycles! If you ever find yourself in a motorcycle accident please call James Manning Law for a Free Consultation 816-380-3331

Call now to schedule your free consultation (816) 380-3331 #Dogbite #Harrisonville #personalinjury #Jamesmanninglaw