Opinion

State Farm Mutual Automobile Insurance Co. v. Allen

  • 744 S.W.2d 782
  • 1988 Mo. LEXIS 18
  • 1988 WL 11209
Court
Supreme Court of Missouri
Filed
Feb 17, 1988
Status
Published
Author
Welliver
On the bench
Billings, Blackmar, Donnelly, Higgins, Rendlen, Robertson, Welliver
Cited by
28 cases

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.
    Missouri Court of AppealsOct 1, 2002Read it

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.

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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