Section 4.12 Notice

• Library: Settling Cases 2014

Third, it is necessary that the beneficiary or beneficiaries notify or diligently attempt to notify all parties having a cause of action under § 537.080, RSMo 2000. Davis v. Wilson, 804 S.W.2d 392, 395–96 (Mo. App. W.D. 1991). If a beneficiary fails to provide adequate notice to other class members, any resulting settlement may be voidable under Rule 74.06(b). Snead by Snead v. Cordes by Golding, 811 S.W.2d 391, 395 (Mo. App. W.D. 1991).

As stated in §4.5 above, §§ 537.080 and 537.095, RSMo 2000, do not define a “diligent attempt” to notify all parties. In State ex rel. Reddy v. Dunlap, 839 S.W.2d 374 (Mo...