Section 537.065

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 1959, 3 histories, see footnote   (history) 

  537.065.  Claimant and tort-feasor may contract to limit recovery to specified assets or insurance contract — effect. — Any person having an unliquidated claim for damages against a tort-feasor, on account of bodily injuries or death, may enter into a contract with such tort-feasor or any insurer in his behalf or both, whereby, in consideration of the payment of a specified amount, the person asserting the claim agrees that in the event of a judgment against the tort-feasor, neither he nor any person, firm or corporation claiming by or through him will levy execution, by garnishment or as otherwise provided by law, except against the specific assets listed in the contract and except against any insurer which insures the legal liability of the tort-feasor for such damage and which insurer is not excepted from execution, garnishment or other legal procedure by such contract.  Execution or garnishment proceedings in aid thereof shall lie only as to assets of the tort-feasor specifically mentioned in the contract or the insurer or insurers not excluded in such contract.  Such contract, when properly acknowledged by the parties thereto, may be recorded in the office of the recorder of deeds in any county where a judgment may be rendered, or in the county of the residence of the tort-feasor, or in both such counties, and if the same is so recorded then such tort-feasor's property, except as to the assets specifically listed in the contract, shall not be subject to any judgment lien as the result of any judgment rendered against the tort-feasor, arising out of the transaction for which the contract is entered into.

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(L. 1959 S.B. 259 § 1)

(1974) This section does not deprive insuror of right to be heard on question of coverage or collusion and does not discriminate against insurors. Butters v. City of Independence (Mo.), 513 S.W.2d 418.

(1975) Guardian ad litem who sat silent during alleged improper argument and who made an admission of liability held not to have violated his duty to ward and to have owed no duty to insuror after having proceeded under this section.  United States Fidelity & Guaranty Co. v. Safeco Ins. Co. of Am. (Mo.), 522 S.W.2d 809.