Trial Court Erred In Finding Bad Faith Claim Is Barred By Collateral Estoppel

(April 19, 2023, 1:15 PM EDT) -- ST. LOUIS — A trial court erred in finding that a bad faith failure-to-settle claim against a professional liability insurer is barred by the doctrine of collateral estoppel because a prior ruling on an equitable garnishment claim filed against the insurer by the insured’s assignees did not invalidate an agreement and assignment of rights entered into by the insured and the assignees and, therefore, did not bar the assignees’ bad faith claim from being litigated, a Missouri appellate court said April 18....