Section 7.3 Subrogation for Medical or Funeral Payments
| Library | Insurance Practice 2015 |
Public policy in Missouri prohibits assignment of causes of action for personal injury or death. As a result, subrogation rights included in insurance policies relating to medical payment benefits are not enforceable unless they fall under Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq., programs. Travelers Indem. Co. v. Chumbley, 394 S.W.2d 418 (Mo. App. S.D. 1965); Jones v. Aetna Cas. & Sur. Co., 497 S.W.2d 809 (Mo. App. W.D. 1973). Likewise, subrogation clauses or provisions requiring assignment of rights in policies providing hospitalization insurance are unenforceable. Waye v. Bankers Multiple Line Ins.Co., 796 S.W.2d 660 (Mo. App. W.D. 1990).
In Schweiss v. Sisters of Mercy, St....
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