Opinion

State ex rel. Missouri Property & Casualty Insurance Guaranty Ass'n v. Brown

  • 900 S.W.2d 268
  • 1995 Mo. App. LEXIS 1216
  • 1995 WL 377202
Court
Missouri Court of Appeals
Filed
Jun 27, 1995
Status
Published
Author
Lowenstein
On the bench
Lowenstein, Smart, Stith
Cited by
9 cases
Authority
More cited than 21.2%

The opinion

LOWENSTEIN, Judge,

concurring.

The reasoning in the majority opinion leading to the conclusion that venue lies only in St. Louis County cannot be faulted. What seems terribly illogical, and wasteful of litigants and court time, is to require an additional suit in a different circuit to adjudicate a claim by someone unfortunate enough to have their insurance company declared insolvent. State ex. rel. Garrison Wagner Co. v. Schaaf, 528 S.W.2d 438, 442 (Mo. banc 1975). If there were any way, in the interest of judicial economy, to allow venue in Cole County, while still adhering to the general venue statute which directs this case to St. Louis County, I would be supportive. Allowing this case to proceed as part of the liquidation action would not adversely affect MIGA. State ex. rel. Govern v. Kehm, 850 S.W.2d 100, 102 (Mo. banc 1993). However, it is not up to this court to change what is the statutory scheme on venue under these facts. State ex. rel. Missouri Department of Natural Resources v. Roper, 824 S.W.2d 901, 904 (Mo. banc 1992).

The legislature should be urged to remedy the situation presented in this writ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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