Missouri Garnishment Law

Robert Bingham v. National Liability & Fire Co.

Springfield, Missouri insurance law lawyer represented the Plaintiff on a breach of contract theory. On December 1, 2011, Bingham was travelling to a jobsite in a van owned by his employer, Recovery Chapel, Inc. ("Recovery Chapel"), as part of Recovery Chapel's "Honest Days Work" program.[2] The van and its occupants were involved in a single vehicle roll-over accident. National was ... More...

$0 (11-12-2024 - MO)

Katelyn Wills v. Brett Stiles and LM General Insurance Company

Kansas City, Missouri personal injury lawyers represented Plaintiff who sued Defendants on auto negligence and insurance law theories. This case arose from a motor vehicle collision between Plaintiff Katelyn Wills and Defendant Brett Stiles in September 2016. In May 2020, Plaintiff filed a lawsuit against Defendant Stiles in Missouri state court for negligence, which was tried to a ... More...

$0 (08-25-2023 - MO)

Thomas Yuncker and Christopher Gutierrez vs. Dodds Logistics, LLC and Keith Dodds; Zurich American Insurance Company

<center><h2><fontcolor="red> St. Louis, MO - Personal Injury lawyer represented Appellants with seeking a declaration that it was not liable for damages claim. </h2></center></center> Zurich American Insurance Co. (Zurich) appeals a Jackson County Circuit Court judgment confirming an arbitration award that found Mr. Keith Dodds and Dodds L... More...

$0 (06-03-2022 - MO)

Jennifer A. Britt vs. Jeremy M. Otto and AMERICAN FAMILY MUTUAL INSURANCE COMPANY, S.I.

<center> <a href="https://www.morelaw.com/add/attorney/" target="_new"><img width="600" src="https://www.morelaw.com/images/banners/subscription.gif" target="_new"></a> </center> On September 9, 2017, Britt was injured in an accident involving her vehicle and a vehicle driven by Otto. Otto was insured by an automobile policy issued by American Family ("Otto's policy"). Ott... More...

$0 (04-05-2019 - MO)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old... More...

$0 (07-15-2018 - MO)

State of Missouri v. Farrell Wayne Cross

Appellant does not contest the sufficiency of the evidence to support his conviction. The evidence, viewed in the light most favorable to the verdict, is as follows. Appellant and Victim were married in the early 1980s and had one daughter. In the mid-1980s, Appellant and Victim divorced. Victim was awarded custody of their daughter, and Appellant was ordered to pay chil... More...

$0 (05-04-2016 - MO)

Jimmie Lee Taylor v. The Bar Plan Mutual Insurance Company

An attorney advised his client to make loans both to his law firm and to a business from which he received a commission for the referral. The attorney did not make a written disclosure or advise his client to seek independent legal advice, both of which are required by the rules of professional responsibility when entering a self-interested business transaction with a client. The loans were never ... More...

$0 (03-10-2015 - MO)

Ricky Lee Griffitts v. James M. Campbell

Old Republic Insurance Company ("Old Republicâ€) and BNSF Railway Company ("BNSFâ€) appeal from the trial court's denial of their post-judgment motion to intervene as a matter of right under Rule 52.12(a)(2)1 in a personal injury and property damage lawsuit brought 1 References to rules are to Missouri Court Rules (2013). 2 by Ricky Lee Griffitts ("Griffittsâ€) ... More...

$0 (02-06-2014 - MO)

Birim M. Blevins v. American Family Mutual Insurance Company and Janey Foust

Biri M. Blevins, Charles W. Jones, and John Busey (collectively "Plaintiffsâ€) appeal the judgment of the trial court dismissing their claims against Janey Foust for negligent failure to procure insurance and negligent misrepresentation and granting summary judgment in favor of American Family Mutual Insurance Co. ("American Familyâ€) on their claim for equitable garnishment. We reverse ... More...

$0 (01-28-2014 - MO)

Barbara Eichholz v. Secura Supreme Insurance Co.

Angela and Rodney Gilpin were murdered inside an apartment building owned and operated by Dennis and Sandra Prenger (collectively, the "Prengers"). Plaintiffs, survivors of the victims, obtained wrongful death judgments against the Prengers in state court. The state court found that the Prengers breached their landlord-tenant duty to provide security to their tenant (Angela) and her guest (Rodney)... More...

$0 (11-15-2013 - MO)

Ruth Mendenhall v. Property and Casualty Insurance Company of Hartford

Ruth Mendenhall appeals a summary judgment in favor of Property and Casualty Insurance Company of Hartford (Hartford) on her equitable garnishment claim seeking insurance coverage for the death of her husband, Len Mendenhall. The trial court's judgment was premised on the conclusion that Mr. Mendenhall was an "employeeâ€ under the terms of the Hartford policy and, therefore, was excluded from... More...

$0 (07-13-2012 - MO)

Lisa Grissom v. First National Insurance Agency

Lisa Grissom (Grissom) filed a garnishment action against General Insurance Company of America (GICA) seeking to satisfy a judgment entered on Grissom's Missouri Human Rights Act (MHRA) claim (hereinafter referred to as the underlying judgment) from a GICA insurance policy. Both parties moved for summary judgment, and the trial court entered judgment in Grissom's favor. None of the material facts ... More...

$0 (05-16-2012 - MO)

Lewis Heacker v. Safeco Insurance Company

Lewis A. Heacker sued Jessica J. Wright and her insurers (including Nationwide Insurance Company of America) for equitable garnishment to collect a state court judgment. The district court1 granted summary judgment to the insurers. Heacker appeals as to Nationwide. Jurisdiction being proper under 28 U.S.C. Â§ 1291, this court affirms. I. Lewis Heacker sued Jessica Wright in the... More...

$0 (04-17-2012 - MO)

Moore Automotive Group, Inc. v. Julie D. Lewis

Julie Lewis (Defendant) appeals the trial court's grant of summary judgment to Moore Automotive Group, LLC (Plaintiff) in the amount of $2,401,432.35 on its claims for conversion and breach of fiduciary duty. Defendant contends the trial court improperly relied on the collateral source doctrine to preclude Defendant from introducing evidence of payments that Plaintiff received from other sources a... More...

$0 (03-20-2012 - MO)

Ruth Mendenahll v. Property and Casualty Insurance Company of Hartford

Ruth Mendenhall appeals the trial court's grant of summary judgment in favor of Property and Casualty Insurance Company of Hartford (Hartford) on Mrs. Mendenhall's claim for equitable garnishment of Hartford's policy for an incident resulting in the death of her husband, Len Mendenhall. We would reverse for the reasons discussed below. However, given the general interest and importance of the ques... More...

$0 (12-13-2011 - MO)

Mildred A. Jensen v. Allstate Insurance Company

Allstate Insurance Company ("Allstate") appeals a judgment in favor of Mildred Jensen in an Equitable Garnishment Action in the amount of $50,000. Allstate contends that the trial court erred in awarding judgment in an amount that nullifies the effect of the "household exclusion" in the policy. Allstate contends that the partial exclusion unambiguously applies to Mildred and limits her recovery to... More...

$0 (07-19-2011 - MO)

Nancy Burnett v. Clarence Burnett

Clarence Burnett ("Mr. Burnett") reopened his Chapter 13 bankruptcy proceedings and, thereafter, moved the bankruptcy court to hold in contempt his former spouse, Nancy Jo Burnett ("Ms. Burnett"), and her subrogee, West Virginia's Department of Health and Human Resources, Bureau of Child Support Enforcement (BCSE), for violating the terms of Mr. Burnett's confirmed Chapter 13 repayment plan by see... More...

$0 (07-20-2011 - MO)

Jason A. Inman v. St. Paul Fire & Marine Insurance Company

Jason and Jennifer Inman ("the Inmansâ€)1 appeal the judgment of the trial court sustaining St. Paul Fire & Marine Insurance Company's ("St. Paulâ€) motion for summary judgment. We affirm the judgment of the trial court. Facts and Procedural History Because this case is the culmination of two separate lawsuits, an explanation of the underlying lawsuit is necessary in unders... More...

$0 (06-29-2011 - MO)

Marie DeMeo v. State Farm Mutua

Patrick McGinness, driving a pickup truck owned by his adult daughter, negligently struck and injured pedestrian Marie DeMeo in a marked crosswalk. DeMeo obtained a $350,000 state-court judgment against McGinness. His daughter's insurer, American Family Insurance Company, paid its $100,000 policy limit under the truck owner's policy. McGinness was insured under four policies issued for the four ca... More...

$0 (05-04-2011 - MO)

Ericka J. Sauvain v. Acceptance Indemnity Insurance Company

This is an action in equitable garnishment based on disputed insurance coverage for an automobile accident. Acceptance Indemnity Insurance Company ("Acceptanceâ€) appeals the judgment of the trial court, which granted summary judgment in favor of Amy Sauvain, Ericka Sauvain, and Bonnie Hughes (collectively "Plaintiffsâ€), and denied Acceptance"s cross-motion for summary judgment, as it p... More...

$0 (04-12-2011 - MO)

Leodegaria Sanchez Pontigon v. Udis Sanchez Lord

This is an appeal from the registration of a Canadian defamation judgment. We reverse. Because only questions of law are at issue, we review de novo. State ex rel. Nixon v. Griffin, 291 S.W.3d 817, 819 (Mo. App. W.D. 2009). The appellant, Ms. Lord, is an American citizen, resident of St. Charles County, Missouri, who was born in the Philippines. The respondent, Leodegaria Sanchez, is Ms. Lo... More...

$0 (04-19-2011 - MO)

Wallace Sheilds v. Freightliner of Joplin, Inc.

Wallace and Deborah Shields (the Shields) appeal from the denial of their motion for new trial following a jury verdict in favor of defendant Freightliner of Joplin, Inc. (Freightliner). The Shields argue that they are entitled to a new trial due to intentional nondisclosure by juror Russell Allgood (Allgood) during voir dire. We affirm. I. Factual and Procedural Background The Shiel... More...

$0 (02-28-2011 - MO)

Penn-Star Insurance Co. v. Jacob Griffey

Jacob Griffey appeals a judgment in favor of Penn-Star Insurance Company declaring that Griffey's personal injury claim against BJB Liberty, L.L.C., was excluded from coverage under its commercial liability insurance policy. The judgment is reversed. Background On April 7, 2004, Jacob Griffey was at a bar in Liberty, Missouri, known as The Pub House. The bar was operated by BJB L... More...

$0 (01-19-2010 - MO)

Chrystal D. Lunde v. American Family Mutual Insurance Company

American Family Mutual Insurance Company appeals the circuit court's judgment in garnishment in favor of Chrystal Lunde arising from a default judgment. American Family contends that the circuit court erred in: (1) finding that Carol Scardacci's bankruptcy filing had no effect on the default judgment, and (2) finding that the insurance policy required American Family to pay post-judgment interest.... More...

$0 (09-29-2009 - MO)

Hertz Equipment Rental Corp., et al. v. Ammon Painting Company, et al.

Ammon Painting Company (Ammon) and its insurers, Valiant Insurance Company (Valiant) and Assurance Company of America (Assurance), appeal the trial court"s grant of summary judgment for Contractor Supply Company (CSC) (n/k/a Hertz Equipment Rental Corporation) and its insurers, Travelers Indemnity Company (Travelers Indemnity) and Travelers Property Casualty Company of America (Travelers Property)... More...

$0 (08-04-2009 - MO)

Karri Kinnaman-Carson and Randy Carson v. Westport Insurance Corporation and ABC Specialty, Inc. d/b/a ABC Tow a/k/a ABC Tow

This case presents the question whether an insurer can contest coverage in a garnishment action despite its agreement to defend the underlying tort suit without a reservation of rights. The insurer claims it can because it was unaware at the time it made its agreement that judgment already had been entered in the suit it was agreeing to defend. This Court holds that, to the contrary, the insurer's... More...

$0 (05-05-2009 - MO)

MBNA America Bank v. Leslie W. Montgomery

This appeal is directed to a judgment that confirmed and registered an arbitration award in favor of MBNA America Bank (plaintiff) against Leslie W. Montgomery (defendant). The judgment was entered August 5, 2005. Defendant's appeal is not timely.(FN1) It is dismissed. Plaintiff filed a pleading denominated "Motion and Application for Confirmation and Registration of Arbitration Award" in ... More...

$0 (10-08-2008 - MO)

Karri Kinnaman-Carson and Randy Carson v. Westport Insurance Corp. and ABC Specialty, Inc., d/b/a ABC Tow a/k/a ABC Tow

Appellants Kari Kinnaman-Carson and Randy Carson appeal the circuit court's Amended Judgment and Order granting Respondent Westport Insurance Corporation's motion for summary judgment on the Carsons' claims. Because the Carsons' damages were excluded under the unambiguous language of the insurance policy issued by Westport to ABC Specialty, Inc., we affirm. Factual Background On Augu... More...

$0 (09-09-2008 - MO)

Acclaim Systems, Inc. v. Conrad A. Lohutko

Conrad Lohutko appeals a foreign judgment that was registered in Missouri on March 19, 2007, by the St. Charles County circuit clerk. We dismiss for lack of jurisdiction. I. BACKGROUND Lohutko was employed by Acclaim Systems, Inc. ("Acclaim"), an Illinois corporation with its principal place of business in Pennsylvania, from January 2, 2005, until July 2005. Acclaim instituted the pres... More...

$0 (03-18-2008 - MO)

<a href="http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/eb7fbf88eb3ec77786257375005b1ae1?OpenDocument" target="_new">Mary Ann Green, Natural Mother of Gerald McAdoo, Deceased, Appellant, v. Penn-American Insurance Co., et al., Respondents</a>

After obtaining a judgment for invasion of privacy and wrongful death against the owner of a St. Louis area nightclub, Mary Ann Green (Green) brought an equitable garnishment action under section 379.200 against Penn-Star Insurance Company (Penn-Star) in Jackson County.(FN1) She now appeals the adverse decision of the Jackson County Circuit Court. Green claims that the circuit court erred in ru... More...

$0 (10-18-2007 - MO)

<a href="http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/778d6d350ecbdffc86256f240068f6fc?OpenDocument" target="_new">Food Services Corporation, Plaintiff-Respondent, v. Jeremy Francis Rheam</a>

Food Services Corporation ("Food Services") brought an action against Jeremy Francis Rheam ("Jeremy") asking the trial court to quiet title to the property at issue, declare that Food Services owns an undivided one-half interest in the property, and allow Food Services to partition said property and receive one-half of the net proceeds of a sale of the property. The trial court granted summary ... More...

$0 (10-05-2004 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/7218cb2751015d4086256ec2005c86d2?OpenDocument" target="_new">Sunbelt Environmental Services, Inc. v. Rieder's Jiffy Market, Inc., Charles F. Rieder, Trustee of the Charles F. Rieder Trust dated the 19th day of April, 1993, and Ozark Mountain Associates, Inc.</a>

Rieder's Jiffy Market, Inc. ("Jiffy Market"), Charles F. Rieder, as Trustee of the Charles F. Rieder Trust dated April 19, 1993 ("Trustee" ;), and Ozark Mountain Associates, Inc. ("OMA") appeal from a November 10, 2003, judgment granting the motion for creditor's bill filed by Sunbelt Environmental Services, Inc. ("Sunbelt"). Within the judgment, the trial court pierced the corporate veil of Jiffy... More...

$67524 (06-29-2004 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/a45ff48bf83ea00986256e3500529503?OpenDocument" target="_new"> Keith Anderson v. Shelter Mutual Insurance Company</a>

Keith Anderson ("Anderson") appeals from the trial court's judgment in favor of Shelter Mutual Insurance Company ("Shelter") and against him on each party's respective motions for summary judgment. Anderson argues on appeal that the trial court erred by: (1) entering summary judgment in favor of Shelter and against him because the Circuit Court of Jefferson County ("Jefferson County") had jurisdic... More...

$0 (02-10-2004 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/827d2bf092c2df2a86256e1d006f0e9f?OpenDocument " target="_new">Jimmie L. Brockman v. Regency Financial Corp</a>

Jimmie Brockman appeals from the trial court's grant of a judgment notwithstanding the verdict to Regency Financial Corporation that set aside the jury's $30,000 punitive damages award in his favor. Brockman argues the trial court erred in granting a JNOV to Regency, because the evidence was sufficient to justify punitive damages, in that it showed Regency's evil motive or reckless disregard for t... More...

$30000 (01-22-2004 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/73d04dfda6e883f486256de8005a3d7e?OpenDocument " target"_new"> Edna Byers, Personal Representative of the Estate of Patrick A. Duncan v. Auto-Owners Insurance Company</a>.

AFFIRMED Patrick A. Duncan ("Duncan") was killed in an automobile accident in Arkansas. The driver of the other vehicle, Jason Klein ("Klein"), resided in the State of Arkansas as did the insured, Dennis Honl ("Honl"), an employee of Fred C. Stoker & Sons, Inc. ("Stoker"). Stoker, a Tennessee corporation that engages in the manufacture and distribution of pouch tobacco, owned the automobil... More...

$0 (11-21-2003 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/7239760b4990cb2286256dda005f420a?OpenDocument" target"_new">Patania Lasker v. Clinton Johnson</a>.

The issue in this case is whether or not a parent can alter his future child support obligations without the circuit court's approval by entering into an agreement with the other parent. We conclude that he cannot and affirm the circuit court's judgment in part and reverse it in part. Clinton Johnson raises this issue in his appeal of the circuit court's judgment ordering him to pay $63,780 ... More...

$0 (11-12-2003 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/5153d50ae7066d7d86256dd3007fba77?OpenDocument" target"_new">Heather Blair, by her mother, Carla Snider v. Perry County Mutual Insurance Company and FMH Mutual Insurance Company</a>.

Heather Blair sued for equitable garnishment of Perry County Mutual Insurance Company and FMH Mutual Insurance Company. The circuit court granted summary judgment to the insurance companies. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const. art. V, sec. 10. Reversed and remanded. On October 21, 1998, five-year-old Heather Blair fell from a treehouse at her traile... More...

$0 (11-12-2003 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/e3fa811e3a1c79c886256cfa00695eb5?OpenDocument" target"_new">Evelyn Sue Kauffman v. Thomas A. Kauffman</a>.

Evelyn Sue Kauffman and Thomas A. Kauffman appeal the trial court's judgment dissolving their marriage. In three of Wife's four points on appeal, Wife contests the sufficiency of the evidence to support the court's identification of certain property as Husband's separate property. In her other point, Wife contests the sufficiency of the evidence to support the court's valuation of certain marital ... More...

$0 (04-04-2003 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/cd9ed8c05f9c2e4b86256c60006a1979?OpenDocument&Highlight=0,WD60310" target="_new">Century Fire Sprinklers, Inc. v. CNA/Transportation Insurance Company</a>

Century Fire Sprinklers ("Century") appeals following the trial court's order granting CNA/Transportation Insurance Company's ("CNA") second motion for summary judgment. Century raises four points on appeal. First, Century claims the trial court erred in allowing CNA to amend its answer to add the "business risk" exclusions as affirmative defenses. Second, Century contends the trial court erred... More...

$0 (10-29-2002 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/56c5de759bca94bf86256cbf00786adf?OpenDocument" target"_new">Heather Blair v. Perry County Mutual Insurance Company</a>

Heather Blair ("Blair"), by and through her next friend Carla Snider, appeals from the grant of summary judgment in favor of Perry County Mutual Insurance Company ("PCMIC") and FMH Mutual Insurance Company ("FMH") on her action for equitable garnishment to collect a judgment entered in her favor. Blair claims that the trial court erred in granting summary judgment in favor of PCMIC and FMH because... More...

$0 (02-04-2003 - MO)