· 5/13/1986
Martin v. Prier Brass Manufacturing Co.
Citations
- 710 S.W.2d 466
- 1986 Mo. App. LEXIS 4122
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that coverage offered by self-insured employer constituted bilateral contract, not group insurance contract, in which insurance was quid pro quo for employment performance
- determining that defendant acted in bad faith when it subjectively read contract terms to allow for termination of benefits at will and without notice
- exercising judgment “conferred by the express terms of agreement in such a manner as to evade the spirit of the transaction or so as to deny the other party the expected benefit of the contract” violates the duty of good faith
- exercising judgment ―conferred by the express terms of agreement in such a manner as to evade the spirit of the transaction or so as to deny the other party the expected benefit 19 of the contract,‖ violates the duty of good faith
- the implied covenant of good faith “prevents one party to the contract to exercise a judgment conferred by the express terms of agreement in such a manner as to evade the spirit of the transaction or so as to deny the other party the expected benefit of the contract.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Shangler, Tur-Nage, Berrey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.