Section 40 Vexatious Penalties Under Uninsured Motorist Coverage

• Library: Damages 2012

In Shafer v. Automobile Club Inter-Insurance Exchange, 778 S.W.2d 395, 399 (Mo. App. S.D. 1989), the court stated:

We hold that an insured under a policy containing an uninsured motorist clause who brings an action against the insurer to enforce his claim, and who establishes by evidence that the insurer has refused to pay such loss without reasonable cause or excuse, is entitled to the penalties provided for under § 375.420. The right to seek the penalties exists even though the insured never obtains an...