Neil Desai M.D., et al Missouri Cases

Seneca Specialty Insurance Company appealed the circuit court's denial of its motions to intervene and to set aside a judgment entered in favor of Dr. Neil Desai and Heta Desai against Garcia Empire, LLC. Seneca argued that an amended version of section 537.065, RSMo, which became effective after the contract between the Desais and Garcia Empire was formed but before judgment was entered, required notice and an opportunity to intervene. The Supreme Court of Missouri affirmed, holding that the amended statute's new requirements meant it was not a continuation of the prior version, and thus did not apply to contracts entered into before its effective date.

Seneca Specialty Insurance Company appealed the denial of its motion to intervene and for relief from judgment in a lawsuit between Neil and Heta Desai and Garcia Empire, LLC. Seneca argued that an August 28, 2017 amendment to section 537.065 RSMo, which grants insurers notice and a right to intervene, should apply to the Desais' lawsuit. The appellate court affirmed the trial court's denial, holding that applying the amendment to a contract entered into before its effective date would be impermissibly retrospective under the Missouri Constitution.