Insurance: Equitable Garnishment-Ambiguity

Staff Report//December 26, 2019//

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Where insurers challenged a partial summary judgment to respondent awarding an equitable garnishment of more than $5 million to respondent in a dispute arising from respondent’s claims of malicious prosecution and civil-rights violations against a city and police defendants, the trial court did not err in finding that the policy language unambiguously provided coverage for the respondent’s injuries, and the issue of pre- and post-judgment interest was not preserved for review.

Judgment is affirmed.

Ferguson v. St. Paul Fire and Marine Insurance Company (MLW No. 74266/Case No. WD82090 – 24 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Boone County, Dietrich, J. (Michael G. Berry, Jefferson City, for respondent) (Susan Ford Robertson, Kansas City, Missouri, for appellants).