Supreme Court of Missouri / Dec 23, 2024
Jeromy McCrackin, Respondent, vs. Tynan Mullen, Respondent, and Safeco Insurance Company of America, Appellant.
Jeromy McCrackin sued Tynan Mullen for wrongful death. Safeco Insurance Company, Mullen's alleged insurer, moved to intervene in the wrongful death action to seek a stay, pending resolution of a federal declaratory judgment action on coverage. The circuit court denied Safeco's motion. The Missouri Supreme Court vacated the judgment and remanded, holding that an insurer has a right to intervene under Rule 52.12(a)(2) for the limited purpose of seeking a stay in the underlying tort action while coverage questions are litigated.