Missouri Court of Appeals, Western District / Apr 5, 2022
Estate of Max E. Overbey, Deceased, By Glenna J. Overbey, Personal Representative, and Glenna J. Overbey vs. Universal Underwriters Insurance Company, et al.
Max and Glenna Overbey obtained an MMPA judgment against Chad Franklin and his dealership for fraudulent practices related to a car sales program. Unable to collect, the Overbeys pursued an equitable garnishment action against Universal Underwriters Insurance Company, Franklin's insurer. The trial court found coverage under Universal's policies. On appeal, the Western District reversed, holding that Franklin's intentional and foreseeable fraudulent conduct did not constitute a covered "occurrence" under the insurance policies, which defined "occurrence" as an "accident" neither intended nor expected.