Missouri Court of Appeals, Southern District Digest: Aug. 8, 2022

Insurance Law

Missing Property

Equitable Garnishment

Where appellants brought an equitable garnishment claim against the insurer of a photo store that lost their collection of home videos, which they had dropped off to be digitized, the appellants did not show that the videos fell within the definitions of covered property or covered causes of losses, and the policy required physical evidence of what happened to the videos, so the judgment for the insurer is affirmed.

Judgment is affirmed.

Chastain v. United Fire & Casualty Company (MLW No. 78692/Case No. SD36869 – 19 pages) (Missouri Court of Appeals, Southern District, Goodman, J.) Appealed from circuit court, Greene County, Powell, J. (Steven B. Garner, Springfield, and Nicholas Wayne Smart, Chesterfield, for appellant) (John Gerard Schultz, Kansas City, MO and James Christopher Meyers, Kansas City, MO and John Omer Newman, Springfield, for respondent).

https://www.courts.mo.gov/file.jsp?id=188234

Insurance Law

Uninsured Motorist

Golf Cart Injury

“Public Road”

Where appellant, who was injured in a golf cart accident on a private road in an RV park, sought coverage under an uninsured motorist provision of an automobile insurance policy, the trial court properly ruled in favor of the insurer finding that the drive was not a public road, so appellant failed to show that liability of the golf cart owner arose out of the use of an uninsured motor vehicle as required for UM coverage under the policy.

Judgment is affirmed.

Zipfel v. Trexis One Insurance Corporation (MLW No. 78691/Case No. SD37105 – 9 pages) (Missouri Court of Appeals, Southern District, Goodman, J.) Appealed from circuit court, Greene County, Brown, J. (Thomas Gerald Morrissey II, Springfield, for appellant) (Cara Richelle Rose, Springfield, for respondent).

https://www.courts.mo.gov/file.jsp?id=188233

Real Property

Scenic Easement

State Park Creation

Agency Authority

Where the Department of Natural Resources appealed a declaratory judgment that found invalid the department’s acquisition of property along a river for the creation of a state park, the trial court erroneously declared and misapplied the law governing the department’s authority to acquire land by adding a “use by the public” standard, and the court mistakenly held that a scenic easement prohibited public use when it merely prohibited public access, and the department’s intended use of the land was supported by the scenic easement and the Wild and Scenic Rivers Act, so the judgment is reversed.

Judgment is reversed.

McGibney v. Department of Natural Resources (MLW No. 78693/Case No. SD36846 – 17 pages) (Missouri Court of Appeals, Southern District, Goodman, J.) Appealed from circuit court, Oregon County, Privette, J. (Robert Jacob Schmidt, Jefferson City; Amanda Rae Langenheim, Kansas City, MO and Michael Everett Talent, St. Louis, for appellant) (Devin Kirby and Derrick Shane Kirby, Doniphan, for respondent).

https://www.courts.mo.gov/file.jsp?id=188235