Cashon v. Allstate Insurance Co.

190 S.W.3d 573, 2006 Mo. App. LEXIS 610, 2006 WL 1142570
CourtMissouri Court of Appeals
DecidedMay 2, 2006
DocketED 86611
StatusPublished
Cited by5 cases

This text of 190 S.W.3d 573 (Cashon v. Allstate Insurance Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cashon v. Allstate Insurance Co., 190 S.W.3d 573, 2006 Mo. App. LEXIS 610, 2006 WL 1142570 (Mo. Ct. App. 2006).

Opinions

PATRICIA L. COHEN, Judge.

Introduction

Carla and Kayla Cashon (“Plaintiffs”) appeal from the trial court’s judgment granting summary judgment in favor of Allstate Insurance Company (“Allstate”) on Plaintiffs’ action for equitable garnishment. We reverse and remand.

Statement of the Facts and Proceeding Below

On August 23, 2001, Carla and Kayla Cashon were involved in a motor vehicle accident with Michael Roberts in St. Louis County. At the time of the accident, Mr. Roberts had a motor vehicle liability policy with Allstate (“the Allstate policy”).

The Allstate policy required that an insured inform Allstate “promptly” if the insured was involved in an accident. The Allstate policy further required that “[i]f an insured person is sued as the result of a motor vehicle accident, we must be informed immediately.”

Mr. Roberts failed to inform Allstate of the accident. However, in September 2001, Plaintiffs’ attorney informed Allstate that he would be representing Carla Ca-shon regarding her August 23, 2001 motor vehicle accident with its insured, Mr. Roberts. Allstate acknowledged receipt of notice in a reply to Plaintiffs’ attorney. Thereafter, Allstate mailed a letter to Mr. Roberts requesting that he contact Allstate regarding the accident. Mr. Roberts failed to respond.

Plaintiffs served Mr. Roberts with a petition in connection with their claim for personal injuries on November 11, 2002. However, Mr. Roberts failed to inform Allstate of the lawsuit. In addition, Mr. Roberts did not file an answer or otherwise appear in the lawsuit. On January 7, 2003, the trial court entered a default judgment against Mr. Roberts and scheduled a hearing on damages. Following the hearing, the trial court entered judgment against Mr. Roberts and awarded $30,000 to Carla Cashon and $20,000 to Kayla Cashon.

On February 6, 2004, Plaintiffs’ attorney informed Allstate of the judgment and demanded satisfaction. Upon receiving this information, Allstate advised Mr. Roberts, inter alia, that it was reserving its right to assert a defense of “no coverage” under the following policy provision:

Notice
What To Do If There Is a Loss
3. If an insured is sued as a result of a motor vehicle accident, we must be informed immediately.

Plaintiffs ultimately filed a four-count action for equitable garnishment against Allstate, attempting to collect on the judgment against Mr. Roberts. Allstate filed an answer admitting that Plaintiffs had demanded payment of the judgment and [575]*575Allstate had refused. Allstate also set forth an affirmative defense, inter alia, asserting that Plaintiffs were not entitled to recover because Mr. Roberts was in material breach of the Allstate policy provision requiring notice of an accident. Subsequently, Allstate moved for summary judgment, alleging that Mr. Roberts committed a material breach of the policy by failing to comply with the notice provision. Plaintiffs responded to Allstate’s motion for summary judgment and filed a cross-motion for summary judgment, arguing, inter alia, that Missouri’s Motor Vehicle Financial Responsibility Law (“MVFRL”) Sections 303.010 — 303.370 RSMo. (2000) invalidated the notice provision.

After a hearing on the cross-motions, the trial court granted Allstate’s motion on the grounds that: “(1) Defendant had no actual knowledge of the underlying lawsuit and (2) Defendant suffered actual prejudice from the lack of notice.” The trial court further held that Mr. Roberts “forfeited coverage under the policy of insurance because of his breach of the cooperation clause.” Plaintiffs appeal.

On appeal, Plaintiffs argue that the trial court erred in granting Allstate’s motion for summary judgment because application of the MVFRL invalidated the Allstate non-cooperation defense. Plaintiffs also contend that our recent 'decision' in Rodgers-Ward v. American Standard Ins. Co. of Wisconsin, 182 S.W.3d 589 (Mo.App. E.D.2006) controls the disposition of this case. Allstate counters that the notice provision of the Allstate policy defeats coverage and is not in conflict with the MVFRL. Moreover, Allstate claims that the Rodgers-Ward decision is inapplicable.1

Standard of Review

Our review of summary judgment is de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). We will uphold the grant of summary judgment if the movant is entitled to judgment as a matter of law and no genuine issues of material fact exist. Id. at 377. We accept as true facts contained in affidavits or otherwise in support of a party’s motion unless contradicted by the non-moving party’s response to the summary judgment motion. Id.

Discussion

Plaintiffs argue in their only point that the MVFRL invalidated Allstate’s defense of “ ‘failure to cooperate’ up to the extent of $25,000.00 per person injured in the collision, $50,000.00 per accident, plus costs and post-judgment interest.” Allstate counters that the notification of accident and lawsuit provisions of the Allstate policy constitute a condition precedent to recovery and failure to comply results in a forfeiture of coverage. Allstate further contends that Plaintiffs’ argument with respect to the MVFRL is frivolous.

Section 303.025.1 2 of the MVFRL provides that motor vehicle owners must maintain financial responsibility for their vehicles. American Standard Ins. Co. v. Hargrave, 34 S.W.3d 88, 90 (Mo. banc 2000). Vehicle owners typically maintain financial responsibility by purchasing a [576]*576motor vehicle liability policy “which conforms to the requirements of the laws of this state.” Id. Section 303.190.2 of the MVFRL provides that a motor vehicle liability policy must have limits no lower than twenty-five thousand dollars for bodily injury or death of one person and fifty thousand dollars because of bodily injury or death of two or more persons. Section 303.190.6(1) of the MVFRL further provides that “no violation of said policy shall defeat or void said policy.”

The purpose of the MVFRL is to ensure that persons injured on Missouri highways may collect at least minimal damage awards against negligent motor vehicle operators. Halpin v. American Family Mutual Insurance Co. 823 S.W.2d 479, 482 (Mo. banc 1992). The legislature intended to require motor vehicle liability policies to provide coverage that is coextensive with liability. Distler v. Reuther Jeep Eagle, 14 S.W.3d 179, 182 (Mo.App. E.D.2000). Therefore, the minimum coverage required by the MVFRL becomes a part of the insurance contracts to which it applies, “as fully as if such provisions were written into the policies.” Rodgers-Ward v. American Standard Ins. Co. of Wisconsin,

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Cashon v. Allstate Insurance Co.
190 S.W.3d 573 (Missouri Court of Appeals, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
190 S.W.3d 573, 2006 Mo. App. LEXIS 610, 2006 WL 1142570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cashon-v-allstate-insurance-co-moctapp-2006.