Missouri Court of Appeals, Western District / Jan 22, 2019
U-Haul Company of Missouri and ARCOA Risk Retention Group, Inc. vs. Timothy Andre Carter, Christy Wilson-Finister, Davon Wilson, Keith L. Williams, Ashley Knight and Keith Dawson
U-Haul Company of Missouri and ARCOA Risk Retention Group appealed a summary judgment in a declaratory judgment action. The trial court found U-Haul and ARCOA were collaterally estopped from litigating insurance coverage questions related to an automobile collision, based on a prior personal injury lawsuit finding Carter negligently caused the collision. The appellate court reversed and remanded, holding that the Respondents failed to establish that the insurers' refusal to defend was unjustified, which is a prerequisite for applying collateral estoppel to the coverage issues and requires consideration of the insurance policy terms.