Missouri Court of Appeals, Western District / Jul 23, 2024
Benjamin Metzger, by and Through His Friend and Natural Mother, Kathryn Metzger vs. United Services Automobile Association
Benjamin Metzger, through his mother, obtained a default judgment of $900,000 against United Services Automobile Association (USAA) for underinsured motorist coverage. USAA moved to set aside the default judgment, arguing improper service, lack of personal jurisdiction, due process violations, and that the judgment improperly stacked policy limits and lacked evidentiary support for damages. The appellate court affirmed the denial of USAA's motion, holding that USAA failed to provide evidence to support its claims of improper service and that its other arguments were unpreserved merits defenses not cognizable under Rule 74.06(b)(4).