Insurance : Motor Carrier Act – Equitable Garnishment – Missouri Law

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Where an insured whose truck was damaged in an accident with defendants sought coverage from the defendants’ insurer after receiving payment from its own insurer, which retained a subrogation interest in the claim, the district court did not err in finding that the insured was the proper plaintiff to bring an equitable garnishment action under Missouri law, and in a case of first impression, the district court properly held that the Motor Carrier Act’s MCS-90 endorsement required the tortfeasor’s insurer to compensate the injured party, even though it had already received compensation from its own insurer.

Judgment is affirmed.

Tri-National, Inc. v. Yelder (MLW No. 67575/Case No. 14-1595 – 11 pages) (U.S. Court of Appeals, 8^th Circuit, Riley, J.) Appealed from U.S. District Court, Eastern District of Missouri, Limbaugh Jr., J. (Daniel Thomas Rabbitt Jr., St Louis, argued for appellant; Allan S. Jones and Kristi Anne Driskill appeared on the brief) (Shanna Keel Surratt, Cape Girardeau, argued for appellee; Susan P. Layton, Stephen Ray Southard and Wade Schuster appeared on the brief).

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