Missouri Court of Appeals, Eastern District / Jun 25, 2019
Helen Y. Smith, Respondent, vs. Keystone Mutual Insurance Co., Appellant.
Helen Y. Smith, widow of a patient, sued Keystone Mutual Insurance Co. after obtaining an assignment of claims from Dr. Wallace Berkowitz, the patient's physician. Smith's claims stemmed from a wrongful death judgment against Dr. Berkowitz and Keystone's prior rescission of his insurance policy. The trial court entered judgment for Smith on a breach of contract claim. The appellate court reversed, holding that Dr. Berkowitz's mutual rescission of the insurance policy and waiver of claims against Keystone meant he had no rights to assign to Smith.