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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 379

previous next Effective - 28 Aug 1991bottom

  379.200.  Judgment creditor may collect insurance, when. — Upon the recovery of a final judgment against any person, firm or corporation by any person, including administrators or executors, for loss or damage on account of bodily injury or death, or damage to property if the defendant in such action was insured against said loss or damage at the time when the right of action arose, the judgment creditor shall be entitled to have the insurance money, provided for in the contract of insurance between the insurance company, person, firm or association as described in section 379.195, and the defendant, applied to the satisfaction of the judgment, and if the judgment is not satisfied within thirty days after the date when it is rendered, the judgment creditor may proceed in equity against the defendant and the insurance company to reach and apply the insurance money to the satisfaction of the judgment.  This section shall not apply to any insurance company in liquidation.

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(RSMo 1939 § 6010, A.L. 1991 H.B. 385, et al.)

Prior revision:  1929 § 5899

CROSS REFERENCE:

Tax lien to follow and attach to fire or tornado insurance proceeds, 139.110

(1955) Plaintiff having judgment against insured in action arising out of automobile collision held entitled to assert that rider, excluding liability coverage when car was being operated by certain person, was void for lack of consideration.  Wackerle v. Pacific Employers Ins. Co., 219 F.2d 1.

(1961) Equity action based on joint judgment was filed against defendants and their respective insurers. One of the judgment debtors and his insurer were nonresidents. After suit was filed, resident insurer paid half of judgment, nonresident insurer paid two-sevenths of judgment and a judgment for the remainder was rendered against the resident insurer who then filed a cross-claim against the nonresident insurer for contribution. The court ruled that this section applied and that it authorized a direct action on the foreign policy by the judgment debtor and his subrogee. State ex rel. McCubbin v. McMillan (A.), 349 S.W.2d 453.

(1963) Where purchaser of automobile did not receive certificate of title until after he was involved in accident, purchaser was not owner of automobile at time of accident and purchaser was an insured under garage liability of policy covering seller and insurer was liable in equitable garnishment suit for satisfaction of judgment obtained against purchaser.  Sabella v. American Indemnity Co. (Mo.), 372 S.W.2d 36.

(1971) In action by insured's judgment creditors against insured and insurer, court held that where automobile policy provided coverage for a six month period of February 27 to August 27, was countersigned by insurer's agent and mailed to insured who received it and "put it in the car", neither insured nor plaintiffs were in position to invoke reformation of contract to provide coverage at time of accident, September 1.  Galemore v. Haley (A.), 471 S.W.2d 518.

(2001) Section is not judgment creditor's exclusive remedy for obtaining insurance proceeds from judgment debtor's insurer; ordinary postjudgment garnishment process may be used to reach insurance proceeds.  Lancaster v. American and Foreign Insurance Co., 272 F.3d 1059 (8th Cir.).


---- end of effective   28 Aug 1991 ----

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