Franke, Schultz & Mullen, PC | Court Grants Summary Judgment in Favor of Insurance Carrier and Declares no Coverage
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Court Grants Summary Judgment in Favor of Insurance Carrier and Declares no Coverage

09/10/2012

Nick Hillyard obtained a Judgment in favor of defendant/counterclaimant USAA Casualty Insurance Company ("USAA") in a case filed by Shelter Mutual Insurance Company ("Shelter") in the Circuit Court of Greene County, Missouri. At issue was whether USAA was obligated under an auto insurance policy to contribute a pro rata share to a property damage settlement. Shelter contended that relevant coverage exclusions were unenforceable under the Motor Vehicle Financial Responsibility Law ("MVFRL") and the USAA policy was ambiguous. USAA contended that, as the subject policy was an "owner's policy" rather than an "operator's policy" under the MVFRL, the exclusions were valid and enforceable. After hearing arguments on the parties' competing Motions for Summary Judgment, Judge Cordonnier entered a Judgment granting USAA's Motion, denying Shelter's Motion and declaring that USAA is not obligated to contribute any share of the property damage loss that was paid by Shelter.