Missouri Court of Appeals, Western District / May 9, 2023
State of Missouri, ex rel., Dale J. Meller and Elaine Meller, and Ashley Farm Services, LLC vs. The Honorable Jon E. Beetem, Judge of the Circuit Court of Cole County, Missouri
Dale and Elaine Meller sued Ashley Farm Services for negligence after the wrong herbicide was sprayed on their soybean crop, resulting in total loss. After Ashley Farm's insurer, MUSIC, denied coverage, the Mellers and Ashley Farm entered into a Covenant Not to Execute. MUSIC then moved to intervene, arguing an unconditional right under Section 537.065. The trial court granted intervention, but the appellate court made its preliminary writ of mandamus permanent, holding that Section 537.065 applies only to claims for personal injuries, bodily injuries, or death, not property damage.