Section 7.8 Section 537.065, RSMo

• Library: Settling Cases 2014

Section 537.065, RSMo 2000, permits a plaintiff to enter into a settlement contract with either the tortfeasor or the tortfeasor’s insurer, or both, so that, if a judgment is rendered against the tortfeasor, the plaintiff can only satisfy the judgment out of certain assets or insurance proceeds named in the contract. The provision of § 537.065 allowing the plaintiff and tortfeasor to contract to limit recovery contemplates a situation in which the agreement is entered into before judicial determination of liability, and the term “tort-feasor” refers to a person charged with liability for tort and not one whose liability has been determined. Farmers Mut....