Section 7.4 Subrogation of Uninsured Motorist Benefits Limited by Statute

• Library: Insurance Practice 2015

Although § 379.203, RSMo 2000, does give uninsured motorist carriers a right of subrogation for payments made to its insureds, that right is limited by the statute. Although the insurer has the right to intervene in an action brought by the insured against the uninsured motorist, it has no right to file a cross-claim directly against the uninsured motorist. State ex rel. Manchester Ins. & Indem. Co. v. Moss, 522 S.W.2d 772 (Mo. banc 1975).

Section 379.203.4 grants an uninsured motorist carrier a right of subrogation or reimbursement for payments it makes to its insured. Although § 379.203.4 does not clearly address the scope of an uninsured motorist carrier’s right of subrogation, caselaw indicates that subrogation is limited to claims of the insured against the uninsured motorist and not claims against other joint tortfeasors or third parties. SeeSchaeffer v. Am. Motorists Ins. Co., 973 S.W.2d 180 (Mo. App. E.D. 1998). There is no Missouri case interpreting the scope of an uninsured motorist carrier’s right of subrogation against the uninsured motorist under § 379.203.4. To the...