Section 2.41 Appeals From Receivership Court

• Library: Insurance Practice 2015

Careless practitioners may miss the time for appeal of final judgments under the insolvency code, Insurers Supervision, Rehabilitation and Liquidation Act, §§ 375.1150–375.1246, RSMo 2000 and Supp. 2003. Section 375.630.4, RSMo 2000, requires a party to perfect the appeal within five days of the judgment. See:

· Transit Cas. Co. ex rel. Pulitzer Publ’g Co. v. Transit Cas. Co. ex rel. Intervening Employees, 43 S.W.3d 293 (Mo. banc 2001);

· Lakin v. Gen. Am. Mut. Holding Co., 55 S.W.3d 499 (Mo. App. W.D. 2001);

· Angoff v. Holland-Am. Co. Trust, 969 S.W.2d 351 (Mo. App. W.D. 1998) (insolvency code provision setting five-day appeal deadline prevails over general statutory rules governing appeals).

A “final judgment” is defined in this section as well. While the Pulitzer court seemed to read the statutory definition broadly, other courts have held that certain orders of the receivership court are not final judgments. See:

...