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Eighth Circuit Expands Underinsured Motorist Coverage Through Interpretation of “You”
Q1 2026 - Coverage Matters
Robert Curtis focuses his practice on labor and employment law counseling and litigation. He has extensive experience defending employers through the administrative process and in litigation in state and federal courts. Robert represents clients in wage-and-hour class actions, wrongful termination claims, workplace discrimination claims, and matters before administrative agencies in Kansas and Missouri. Robert especially enjoys working with employer clients in getting to know their business and helping them achieve their professional goals.
In addition to Robert's employment practice, he advises insurance carriers on extra-contractual litigation and coverage matters across Kansas and Missouri. He is skilled in insurance company defense and first-party coverage cases. Robert also defends clients in personal injury matters, including automobile accidents, premises liability, and wrongful death cases.
Employment
Robert has extensive experience handling cases involving claims brought under Title VII, the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), state law fair employment statutes, and tort and contract claims. He represents employers in front of the Equal Employment Opportunity Commission (EEOC), the Missouri Human Rights Commission, the Federal Mine Safety and Health Review Commission, the Kansas Human Rights Commission and the Kansas Department of Labor. Robert stays current on labor and employment law developments by participating in the Kansas City Metropolitan Bar Association's Labor and Employment Committee.
Robert Curtis focuses his practice on labor and employment law counseling and litigation. He has extensive experience defending employers through the administrative process and in litigation in state and federal courts. Robert represents clients in wage-and-hour class actions, wrongful termination claims, workplace discrimination claims, and matters before administrative agencies in Kansas and Missouri. Robert especially enjoys working with employer clients in getting to know their business and helping them achieve their professional goals.
In addition to Robert's employment practice, he advises insurance carriers on extra-contractual litigation and coverage matters across Kansas and Missouri. He is skilled in insurance company defense and first-party coverage cases. Robert also defends clients in personal injury matters, including automobile accidents, premises liability, and wrongful death cases.
James Thurston (Partner-Chicago), Daniel Tranen (Partner-St. Louis, MO), and Robert Curtis (Associate-St. Louis, MO) secured a declaratory judgment dismissal on motion on the pleadings for an insurance company client in U.S. District Court for the Western District of Missouri. The plaintiffs in this matter, executives at a company insured by our client, sought coverage for a lawsuit and a demand letter arising out of their provision of personal guarantees to the company for more than $14 million in debt to a lender and a supplier. The client had denied coverage because these personal guarantees were not made in the executives' capacity as officers of the company. The executives argued that they would not have made the personal guarantees but for the fact that they were officers of the company. However, the court agreed with the insurance company client that personal guarantees are personal obligations, and therefore, cannot be made by the executives in their "capacity" as officers of the company, particularly since if they had done so, then it would have been the company guaranteeing its own debt.
James K. Thurston, Daniel E. Tranen and Robert Curtis
Theodore “Tad” Kardis (Of Counsel-St. Louis, MO) and Robert Curtis (Associate-St. Louis, MO) secured summary judgment on all claims against apartment complex owners involving a tenant who slipped and fell during a snowstorm. The plaintiff alleged he fell while walking to his car after stepping off the curb onto the snow-packed parking lot. The plaintiff testified he observed six inches of snow on the sidewalk at 8:20 a.m. when he walked out, but claimed snow was not actively falling despite meteorological evidence nine inches of snow fell between 4:00 a.m. through 2:30 p.m. Tad and Robert presented meteorological evidence the snow was falling, testimony from the apartment complex's employees, and the plaintiff's own pictures of falling snow taken contemporaneously with the fall. Tad and Robert argued the Winter Storm Doctrine, also known as the "Massachusetts Rule" barred the plaintiff's claim as a matter of law and the apartment complex had no duty to clear snow and ice during an active snowfall. The court held "if [the Winter Storm Doctrine] didn't apply in this case, then [the court] fail[s] to see cases where it would apply" and dismissed all claims.
Theodore A. Kardis and Robert Curtis
Theodore “Tad” Kardis (Of Counsel-St. Louis, MO) and Robert Curtis (Associate-St. Louis, MO) secured summary judgment on all claims against apartment complex owners arising out of a slip and fall involving a tenant in a common area of the complex. The plaintiff alleged he fell on snow and ice in an indoor stairwell where a door to the outside was cracked open, and snow and ice were allowed to accumulate inside the stairwell. The plaintiff also claimed he notified the property manager of the alleged situation. Tad and Robert hired a forensic meteorologist to discuss the weather conditions at the apartment complex on the day of the alleged slip and fall. The forensic meteorologist demonstrated there was no such accumulation that could have led to the conditions plaintiff described. Further, Tad and Robert presented recordings demonstrating the plaintiff did not notify the property manager of the alleged accumulation. They successfully leveraged the plaintiff's multiple inconsistent statements regarding being both inside and outside during the fall as well. Finally, Tad and Robert argued plaintiff's failure to designate medical experts on his injuries allegedly requiring surgery meant the plaintiff could not prove medical causation of his injuries from the fall because of preexisting conditions. The Jackson County, Missouri, Circuit Court held plaintiff could not establish his claims as a matter of law. As a result, the court granted summary judgment on all counts which brought a successful resolution to the matter after several years of litigation and multiple lawsuits.
Theodore A. Kardis and Robert Curtis