Section 13.24 Uninsured Motorist Insurance Policies

• Library: Insurance Practice 2015

An insured who has sustained personal injuries in an accident involving an uninsured motor vehicle is presented with three alternative courses for seeking collection of proceeds under an uninsured motorist clause of a motor vehicle policy issued in Missouri. The insured can do one of the following:

1. Institute an action first against the uninsured motorist and, if a judgment is obtained there, proceed with a subsequent action directly against the insured’s uninsured motorist insurer

2. Institute a single action against both the uninsured motorist and the insured’s own insurance company

3. Institute a suit directly and solely against the insured’s insurance company

Under the first option available to an insured, it may be questionable whether any judgment obtained against the uninsured motorist, without joinder or intervention by the insurance company, will be binding on the insurance company in the subsequent action, at least without notice to the insurer of the pendency of the action. If the insurer had notice of the pending action and an opportunity and ability to intervene, however, it will be estopped from relitigating the issues of liability and damages. Frost v. White, 778 S.W.2d 670 (Mo. App. W.D. 1989)...