Missouri Court of Appeals, Western District / May 31, 2022
Josiah Wright vs. Phillip Nash and Key Insurance Company
Josiah Wright sued Phillip Nash and Key Insurance Company in an equitable garnishment action to collect proceeds from an automobile insurance policy after an accident. Key Insurance denied coverage, alleging the policyholder, Takesha Nash, made material misrepresentations regarding vehicle ownership, operator, and garaging location. The trial court found no material misrepresentations and entered judgment for Wright. The appellate court affirmed, deferring to the trial court's credibility findings and concluding that Key Insurance failed to prove its affirmative defense of fraudulent insurance acts.