§10.18 The Insolvent Insurer
| Library | Workers' Compensation Law Deskbook Vol. 2 (2020 Ed.) |
E. (§10.18) The Insolvent Insurer
If the employee recovers against a tortfeasor and the tortfeasor’s insurer is insolvent and a member of the MIGA (Missouri Insurance Guaranty Association), the employer and insurer have no right of recovery by operation of law under what is now § 375.772.2(7), RSMo 2016, and Garrett v. Overland Garage & Parts, Inc., 882 S.W.2d 188 (Mo. App. E.D. 1994).
See also Tillman v. Cam’s Trucking, Inc., 20 S.W.3d 579 (Mo. App. S.D. 2000), as to an analysis of a “setoff” that may be...
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