Missouri Court of Appeals, Southern District / Jan 9, 2024
THOMAS ASH, ANNETTE ASH, ANDREW ASH, and LUCAS ASH, Plaintiffs-Appellants v. GENERAL CASUALTY COMPANY of WISCONSIN, et al., Defendants-Respondents
Thomas Ash and other plaintiffs brought an equitable garnishment suit against General Casualty Company of Wisconsin, seeking to recover on a judgment they obtained against General Casualty's insured, All-Iowa Contracting Company. The circuit court ruled in favor of General Casualty, finding its policy limits for bodily injury had been exhausted by payments to other claimants. The appellate court affirmed that the bodily injury limits were exhausted. However, it reversed in part, holding that the insurer was obligated under a supplementary payments endorsement to pay court costs and post-judgment interest on the plaintiffs' judgment, but not prejudgment interest. The case was remanded for calculation of these amounts.