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				Maloney
				P.
				James
Appellate, Civil and Insurance Defense Litigator

James Maloney

Member in Kansas City

The law of insurance coverage and bad faith is constantly evolving, and Jim Maloney is at the forefront of changes in the law, both in the courts and in the legislature. Decisions he has achieved in a number of cases have helped shape the law, and he has testified as an expert in legislative hearings in support of successful tort reform bills designed to further fairness to insurers.

Jim has also been a leader in crafting and nurturing innovative theories and defenses in bad faith and related litigation in order to best assist clients in need. For more than a decade, Jim’s practice has focused on this intriguing area of the law, both in Missouri and Kansas. He has led insurers through multi-million-dollar coverage and bad-faith litigation and through difficult pre-litigation considerations and strategy planning. He is a frequent speaker on unique issues confronting insurers in both first- and third-party coverage claims. Additionally, Jim has a significant practice defending a varied assortment of personal injury, wrongful death, and property damage cases. Not only does this allow him to better assist clients with a range of needs but keeping a finger on the pulse of tort and other litigation pending in the trial courts has proved invaluable in guiding strategy decisions for insurers seeking to position themselves to best meet their own standards for service to their insureds while avoiding unwarranted, unjustified, and unnecessary claims and potential for liability.

Admissions

  • Missouri
  • Kansas
  • USDC, Eastern District of Missouri
  • USCD, Western District of Missouri
  • USDC, District of Kansas
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • Supreme Court of the United States

Education

  • University of Missouri School of Law, J.D., 2006
  • University of Missouri, B.A., Political Science, 2003

Memberships & Activities

  • ALFA International
    • Steering Committee Member, Insurance Practice Group
  • Claims & Litigation Management Alliance
  • Defense Research Institute
  • Kansas Association of Defense Counsel
  • Kansas Bar Association
  • Kansas City Metropolitan Bar Association
  • Missouri Bar Association
  • Missouri Organization of Defense Lawyers
    • President, 2022-Present
    • Vice-President, 2021-2022
    • Secretary, 2020-2021
    • Treasurer, 2019-2020
    • Board of Directors, 2017-Present
    • Committees: Executive; Legislative; Amicus

Awards & Recognition

  • Martindale-Hubbell AV® Preeminent Peer Review Rated
  • Missouri & Kansas Super Lawyers® Rising Stars, 2013-2020
  • Expert Testimony on Missouri Tort Reform
    • Section 537.065/Time-Limited Demands, 2017
    • Multi-Claimant Interpleader, 2018

Cases

  • Granados v. Wilson, 62 Kan.App.2d (2022)
  • State ex rel. Key Ins. Co. v. Roldan, 587 S.W.3d 638 (Mo.banc 2019)
  • Navigators Ins. Co. v. American Home Assur. Co., 577 S.W.3d 802 (Mo.App.W.D.2019)
  • Seaton v. Shelter Mut. Ins. Co., 574 S.W.3d 245 (Mo.banc 2019) (amicus)
  • State ex rel. Shelter Mut. Ins. Co. v. Wagner, 575 S.W.3d 476 (Mo.App.W.D.2019)
  • Kemp v. Hudgins, 133 F.Supp.3d 1271 (D.Kan.2015)
  • Purscell v. Tico Ins. Co., 790 F.3d 842 (8th Cir.2015)
  • Yager v. Shelter Gen. Ins. Co., 460 S.W.3d 68 (Mo.App.W.D.2015)
  • Floyd-Tunnell v. Shelter Mut. Ins. Co., 439 S.W.3d 215 (Mo.banc 2014)
  • Eichholz v. Secura Supreme Ins. Co., 735 F.3d 822 (8th Cir.2013)
  • Bush v. Shelter Mut. Ins. Co., 412 S.W.3d 336 (Mo.App.W.D.2013)
  • Payne v. Grinnell Mut. Ins. Co., 716 F.3d 487 (8th Cir.2013)
  • Purscell v. Tico Ins. Co., 959 F.Supp.2d 1195 (W.D.Mo.2013)
  • Hill v. Government Employees Ins. Co., 390 S.W.3d 187 (Mo.App.W.D.2012)
  • Sappington v. Skyjack, Inc., 338 Fed.Appx. 551 (8th Cir.2009)
  • Shipp v. GfK NOP, LLC, 325 Fed.Appx. 481 (8th Cir.2009)
  • State ex rel. Patton v. Grate, 241 S.W.3d 826 (Mo.App.W.D.2007)

Results

$9M Coverage Claim Defeated

On July 23, 2015, a judgment was obtained in favor of a liability insurer on a claim to recover more than $9,000,000 of an underlying tort judgment.

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