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

> Missouri Court of Appeals · June 27, 1995 · 900 S.W.2d 268

URL: https://www.frixlaw.com/law-library/cases/5088363

## Case

- **Full name:** STATE of Missouri, ex rel., MISSOURI PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, Relator v. Honorable Thomas BROWN, III
- **Court:** Missouri Court of Appeals
- **Decided:** June 27, 1995
- **Citations:** 900 S.W.2d 268; 1995 Mo. App. LEXIS 1216; 1995 WL 377202
- **Precedential status:** Published
- **Opinion:** Concurrence by Lowenstein
- **Judges:** Lowenstein, Smart, Stith
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5088363

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5088363. Public record. Not legal advice.