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Section 6.23 Insurer’s Rights Against Uninsured Motorist
Library | Insurance Practice 2015 |
The Supreme Court held that the interest of the insurer is definitely in the nature of a subrogation right, but it may be enforced directly against the uninsured motorist by the insurer. State ex rel. Manchester Ins. & Indem. Co. v. Moss, 522 S.W.2d 772 (Mo. banc 1975). The insurer is also permitted to intervene in the insured’s action against the uninsured motorist and is entitled to be reimbursed from the proceeds of any judgment that might be awarded to the insured against the uninsured motorist. Kroeker v. State Farm Mut. Auto. Ins. Co., 466 S.W.2d 105 (Mo. App. W.D. 1971).
For treatment of subrogation rights of an insured under the medical payments provision of an automobile insurance policy, see J.A. Bock, Annotation, Subrogation Rights of Insurer Under Medical Payments Provision of Automobile Insurance Policy, 19 A.L.R.3d 1054 (1968).
A mother of five was killed in a collision with an uninsured motorist. Her children filed a claim under UM coverage. The insurer required the children to “hold in trust for the benefit...
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- Chapter 6 Protection Against Uninsured and Underinsured Motorists
- Section 6.1 Objective and Source of Coverage
- Section 6.2 The Statute
- Section 6.3 The Policy
- Section 6.4 “Insured”
- Section 6.5 Insured Motor Vehicle
- Section 6.6 Uninsured Motor Vehicle
- Section 6.7 No Insurance Applicable
- Section 6.8 Insurance Carrier Denies Liability or Is Insolvent
- Section 6.9 Insurance Limits Are Less Than Amounts Required by Financial Responsibility Law
- Section 6.10 Hit-and-Run Vehicle
- Section 6.11 Notice of Claim
- Section 6.12 Damages Incurred While Occupying Insured Motor Vehicle
- Section 6.13 Injuries Caused by Ownership, Maintenance, or Use of Uninsured Motor Vehicle
- Section 6.14 What Damages Are Recoverable
- Section 6.15 Punitive Damages
- Section 6.16 Bad Faith and Vexatious Delay
- Section 6.17 Limits of Liability
- Section 6.18 Other Insurance (Stacking)
- Section 6.19 Exclusions
- Section 6.20 Injury While Occupying Owned Automobile Other Than Insured Automobile
- Section 6.21 Settlement Without Consent of Uninsured Motorist Insurer
- Section 6.22 Workers’ Compensation Benefits
- Section 6.23 Insurer’s Rights Against Uninsured Motorist
- Section 6.24 Proof of Claim—Medical Reports
- Section 6.25 Payment of Loss
- Section 6.26 Objective and Source of Coverage
- Section 6.27 Persons Insured
- Section 6.28 Legally Entitled to Recover
- Section 6.29 Damages Recoverable
- Section 6.30 “Underinsured”
- Section 6.31 Underinsured Motor Vehicle
- Section 6.32 Family Member
- Section 6.33 Exhaustion Clause
- Section 6.34 Consent Clause
- Section 6.35 Owned Vehicle Exclusion
- Section 6.36 Consortium Claims
- Section 6.37 Other Insurance, Excess Insurance Clauses
- Section 6.38 Set-Off Clauses
- Section 6.39 Reimbursement for Payments From Other Sources
- Section 6.40 Anti-Stacking Clauses
- Section 6.41 Amount of Settlement With the Underlying Tortfeasor
- Section 6.42 The Release
- Section 6.43 Covenant Not to Execute
- Section 6.44 Procedure
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