Nicholas S. Gerth

Senior Associate
Bank of America Plaza
800 Market Street
Suite 1100
St. Louis, MO 63101-2501
314-242-5221
(314) 242-5421

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Nick is a senior associate in the firm’s St. Louis office. Practicing in commercial litigation, he generally represents insurers in complex coverage disputes. Nick has significant experience with high-stakes first-party property damage claims, including cases involving arson, fraud, business interruption, time element issues, and extent of damages issues. He specializes in defending against extra-contractual claims, including allegations of bad faith, vexatious refusal to pay, and defamation.

In addition to engaging in first-party coverage litigation, Nick represents insurers throughout all stages of their claim investigations. Nick specializes in counseling insurers on complex coverage issues. He advises his clients on proper claim-handling and investigation. He frequently conducts examinations under oath and represents special investigation units in their handling of claims involving potential arson or fraud. Nick guides his clients in their efforts to obtain and analyze all potentially relevant information in making their claim decisions.

Representative Matters

Tohi Ventures, LLC v. The Travelers Indemnity Co., et. al., Jackson County Circuit Court (2021). Obtained summary judgment in favor of insurance carrier after successfully arguing that insured did not comply with its duty to provide prompt notice of the claim, and that there was no coverage because the claim did not arise during the effective dates of the insurance policies.

Montgomery v. Allstate Property and Casualty Ins. Co., U.S. District Court for the Western District of MO (2019). Obtained summary judgment in favor of insurance carrier after insured did not comply with her duties set forth in the conditions of the insurance policy.

Allstate Vehicle and Property Ins. Co. v. Elmer Adams, Jr., U.S. District Court for the Western District of MO (2017). Obtained summary judgment on a defamation claim where insured argued that the insurance carrier’s communication with the National Insurance Crime Bureau and the Missouri Department of Insurance regarding a pending arson claim constituted defamation. The Court rejected this argument and held the carrier’s statements qualified for immunity under the law.

Allstate Vehicle and Property Ins. Co. v. James Graham, Jr., U.S. District Court for the Eastern District of MO (2017). Obtained a full defense verdict in an arson trial. The insured asked the jury for more than $500,000. The jury returned a unanimous verdict in favor of the insurance carrier.

Prior Legal Experience

Law Clerk, United States Attorney’s Office – Southern District of Illinois
Legal Intern, St. Louis County Prosecuting Attorney
Legal Intern, Saint Louis University Legal Clinic, Litigation Clinic
Law Clerk, Kespohl, McCrary & Cornejo, L.L.C.

Academic Honors and Activities

Academic Excellence Award for Civil Practice

More About Nick

Education

  • Saint Louis University School of Law (J.D., cum laude, 2014)
  • University of Missouri-Columbia (B.A., History and Political Science, summa cum laude, 2011)

Bar Admissions

  • Missouri
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the Western District of Missouri
  • U.S. Court of Appeals for the Eighth Circuit

Professional Affiliations

  • Missouri Organization of Defense Lawyers

Speaking

  • Presenter, "The Rundown on Missouri’s Revised Valued Policy Statutes," Brown & James Webinar, December 2021, Brown & James General Defense & Insurance Law Symposium, January 2022
  • Presenter, “Examinations Under Oath,” KC IASUI Training Seminar, 2021
  • Presenter, "’Undetermined’ Fire Cause? Don’t Throw in the Towel!” Brown & James Webinar 2020, KC IASUI Training Seminar 2021
  • Presenter, "Handling Aggressive Contractors & Public Adjusters: Assignments, the Proper Appraisal Process and Dealing with Inflated Estimates," Brown & James Webinar, September 2019