Section 7.8 Assignment of a Claim

• Library: Insurance Practice 2015

An assignment divests the assignor of all interest in the matter assigned. Keisker v. Farmer, 90 S.W.3d 71 (Mo. banc 2002); Klein v. Gen. Elec. Co., 714 S.W.2d 896 (Mo. App. E.D. 1986). If an insurer receives an assignment, it has the exclusive right to file suit against the tortfeasor for the entire claim, including any deductible. Keisker; State Farm Mut. Auto. Ins. Co. v. Jessee, 523 S.W.2d 832 (Mo. App. W.D. 1975). Absent an assignment of the insured’s tort claim, a property insurer has no right to make a direct claim against the alleged tortfeasor or its liability insurer for reimbursement of its payment; the insured alone retains the legal right to...