Section 6.44 Procedure
| Library | Insurance Practice 2015 |
The ten-year statute of limitations will ordinarily apply to these actions. But when liability for UIM benefits is conditioned on the legal liability of the tortfeasor to the insureds, an action to recover UIM benefits based on a wrongful death, brought against the insurer more than three years after the death with no action having been filed against the tortfeasor, is barred. The three-year statute of limitations for wrongful death will apply, not the ten-year statute of limitations for breach of contract. Baumgartel v. Am. Family Mut. Ins. Co., 29 S.W.3d 416 (Mo. App. E.D. 2000).
If the policy...
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