Missouri Court of Appeals, Western District / Feb 9, 2021
Collin M. Stosberg vs. Electric Insurance Company
Collin M. Stosberg, a Missouri State Highway Patrol sergeant, sought Uninsured Motorist (UM) benefits from Electric Insurance Company after being injured by an uninsured motorcyclist during a DUI checkpoint. The trial court granted summary judgment for Electric on three independent grounds: the injuries did not arise out of the use of the uninsured motor vehicle, a workers' compensation exclusion applied, and public policy precluded UM coverage. The appellate court reversed the summary judgment, finding that Stosberg's injuries did arise from the use of the motorcycle, the exclusion did not apply because Electric was not a "third person" for subrogation, and no public policy prevented UM coverage for law enforcement officers. The case was remanded for further proceedings.