Section 6.23 Insurer’s Rights Against Uninsured Motorist

LibraryInsurance 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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