refusing to weigh evidence in court-tried case in which the trial court’s judgment was for the defendant
How later courts described this case
- refusing to weigh evidence in court-tried case in which the trial court’s judgment was for the defendant
- “There is no precise formula for determining whether a vehicle is ‘furnished for the regular or frequent use of the insured.’ The question is purely factual, and the trier of fact must apply the policy language to the facts brought out in the evidence.”
- “[Judgment creditors] may not sue the insurer directly, but are relegated to garnishment process directed against the insurer when and if they.obtain judgment against Allen.”
- tort claimants must sue tort-feasor and cannot bring a direct action against his or her liability insurer
Written by the judges who cited it.
Distinguished
Distinguished by Wilkes v. St. Paul Fire & Marine, Insurance Co., 2002 Mo. App. LEXIS 1998 (2002)
However, Allen is distinguishable from the present case.
The opinion
WELLIVER, Judge,
dissenting.
I respectfully dissent.
Since all of the parties defendant in a declaratory judgment action such as this have an interest adverse to the plaintiff insurance company, I am at a loss to understand how this Court can find the trial court errors in denying the admission of plaintiff’s tendered evidence to be so “manifestly nonprejudicial.”
I would reverse.