Missouri Court of Appeals, Western District / Oct 10, 2023
Roslyn T. Barnes vs. Athene Annuity & Life Assurance Company f/k/a Liberty Life Insurance f/k/a Business Men's Assurance Company of America, et al.
Roslyn T. Barnes sued Athene Annuity & Life Assurance Company for damages related to asbestos exposure and mesothelioma. Athene moved for summary judgment, asserting that workers' compensation was Barnes's exclusive remedy due to an insurance policy with enhanced mesothelioma benefits. The trial court granted summary judgment for Athene. The appellate court reversed, finding genuine issues of material fact regarding the authenticity and validity of Athene's purported workers' compensation insurance policy and remanded the case, including Barnes's motion for sanctions, for further proceedings.