Jeromy McCrackin Missouri Cases

Jeromy McCrackin sued Tynan Mullen for wrongful death. Safeco Insurance Company, Mullen's alleged insurer, moved to intervene in the wrongful death action to seek a stay, pending resolution of a federal declaratory judgment action on coverage. The circuit court denied Safeco's motion. The Missouri Supreme Court vacated the judgment and remanded, holding that an insurer has a right to intervene under Rule 52.12(a)(2) for the limited purpose of seeking a stay in the underlying tort action while coverage questions are litigated.

Safeco Insurance Company of America appealed the denial of its motion to intervene and motion to stay in a wrongful death action filed by Jeromy McCrackin and Erica Robinson against Tynan Mullen. Safeco sought to intervene to stay the wrongful death proceedings pending a federal declaratory judgment action on its duty to defend or indemnify Mullen under a homeowner's policy. The Western District of the Missouri Court of Appeals affirmed the trial court's denial, holding that an insurer lacks a direct interest for intervention as of right and that the trial court did not abuse its discretion in denying the stay. The court explicitly stated it would no longer follow prior precedent that suggested a limited right for insurers to intervene solely to seek a stay.