Bill Text: MO HB1745 | 2012 | Regular Session | Introduced
Bill Title: Specifies that an insurer has the right to intervene in any civil case in which it may be obligated to provide a defense to the action or indemnity for any judgment rendered in the action
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-29 - Referred: Insurance Policy (H) [HB1745 Detail]
Download: Missouri-2012-HB1745-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GOSEN.
5066L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 506, RSMo, by adding thereto one new section relating to right of intervention by insurers in certain civil actions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 506, RSMo, is amended by adding thereto one new section, to be known as section 506.400, to read as follows:
506.400. 1. When a civil action is filed in the courts of this state and an insurer may be obligated to provide a defense to such action or indemnity for any judgment rendered therein, such insurer shall have the right to intervene in such action and request the court to determine the extent of the insurer's coverage obligations.
2. If an insurer does intervene, the court shall finally determine the extent of coverage before proceeding with the merits of the underlying action. The court's judgment as to coverage shall be considered final and subject to appeal even if issues related to the underlying action remain unadjudicated.
3. Notwithstanding any other provision of law to the contrary, if an insurer proceeds in the manner prescribed in this section, the insurer's actions shall not constitute a breach, either present or anticipatory, of any contract of insurance.
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