Whether a company is organized as a partnership, corporation, or limited liability company (LLC), conflicts about how the business should be run can turn into intractable disagreements that can ruin a successful company.
Under Missouri law, an insured whose claim has been wrongfully denied can bring a cause of action for vexatious refusal to pay. The Missouri statute authorizes damages for vexatious delay and provides for damages and attorney’s fees in addition to the amount of the loss actually suffered by the insured.
Fraud can be pursued as both a criminal and civil action, depending on who is pursuing legal action in the case. The same fraudulent act can be prosecuted by the government as a crime and also pursued as a civil action by the injured party.
Tortious interference permits a claim for damages against a defendant who wrongfully interferes with the plaintiff’s legitimate contractual or business relationships. The elements of tortious interference include: valid contract or business relationship between the plaintiff and a third party, defendant’s knowledge of the contract or relationship, a wrongful act by the defendant that interferes with the contract or relationship, actual interference with or disruption of the contract or relationship or a resulting damages to the plaintiff.