Section 7.9 Procedure

• Library: Civil Trial Practice 2015 Supp

2. (§7.9) Procedure

A trial court has no discretion to deny a party the right to ask a preliminary “insurance question” and, furthermore, a trial court’s denial of that right is prejudicial as a matter of law. Ivy v. Hawk, 878 S.W.2d 442, 444 (Mo. banc 1994) (citing Carothers v. Montgomery Ward & Co., 745 S.W.2d 170, 172 (Mo. App. W.D. 1987)).

If an inquiry on the record has disclosed the name of any interested insurance company before voir dire, thus establishing the proper foundation and satisfying the “good faith basis” requirement, the “insurance question” may be asked. Ivy, 878 S.W.2d at 444; see also Banks v. Vill....