Missouri Court of Appeals, Eastern District / Sep 25, 2018
Mary Spencer, et al., Appellant, vs. Hartford Casualty, et al., Respondent.
Mary Spencer and other nursing students sued Saint Louis College of Health Careers (SLCHC) under the Missouri Merchandising Practices Act, alleging deceptive practices regarding their degree program. After obtaining a judgment against SLCHC, Appellants brought an equitable garnishment action against SLCHC's insurer, Hartford Casualty Insurance, arguing Hartford breached its duty to defend. The trial court granted summary judgment for Hartford, finding the underlying petition did not allege a claim potentially within the policy's coverage. The appellate court affirmed, holding that the failure to award an educational degree and the resulting monetary loss did not constitute "property damage" under the insurance policy.