Share on LinkedInShare on LinkedIn

ARTICLE · 27 AUGUST 2026

Not Every Demand Is A Claim: Coverage Requires A Demand Against The Insured

The United States Court of Appeals for the Eighth Circuit, applying Missouri law, affirmed dismissal of a court-appointed receiver’s claims against an insurer seeking coverage for the receivership action, holding that the receiver’s demands for coverage did not constitute a “Claim” against an insured, nor did the receiver adequately allege covered “Loss.”

United StatesInsurance

The United States Court of Appeals for the Eighth Circuit, applying Missouri law, affirmed dismissal of a court-appointed receiver’s claims against an insurer seeking coverage for the receivership action, holding that the receiver’s demands for coverage did not constitute a “Claim” against an insured, nor did the receiver adequately allege covered “Loss.” King v. Tex. Ins. Co., 2026 WL 2197632 (8th Cir. July 30, 2026).

When the insured company defaulted on a loan, the lending bank initiated a receivership action against the bank. The court-appointed receiver then sent two letters to the insured’s D&O insurer seeking coverage for the receivership action. After the insurer denied coverage, the receiver brought suit alleging breach of contract and vexatious refusal to pay under Missouri law. The district court granted the insurer’s motion to dismiss and denied leave to amend.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from