John N. Parke Missouri Cases

John N. Parke sued Progressive Casualty Insurance Company for fraudulent misrepresentation after purchasing a vehicle that he later discovered had been involved in a major accident and was potentially a salvage vehicle. The trial court granted summary judgment for Progressive, finding Parke had no private right of action under the salvage statutes and thus no duty could be imposed. The appellate court reversed and remanded, holding that a common law claim for fraudulent misrepresentation can arise from a violation of the salvage statutes, and that a genuine issue of material fact existed regarding whether Progressive had declared the vehicle a salvage.