In first party claims, if a party is injured and collects against an insurance company, the settling insurance company may claim subrogation pursuant to Missouri Revised Statute Section 379.203.4 to any amounts that the injured person may recover.
While such language is still being included in releases by insurance companies this language is not lawful. In Missouri, an insurer who satisfies its liability for uninsured motorist coverage have subrogation rights only to claims by the insured against the uninsured motorist. While subrogation rights are allowed under the law to prevent unjust enrichment, insurers may not unjustly enrich themselves by extending their rights beyond the uninsured motorist carrier.
It is critically important for people dealing with insurance companies to understand the law involved so that the insurance company does not take advantage of the claimant.
Protect yourself by consulting with an attorney experienced in insurance law to protect your rights. The attorneys at Tatlow, Gump, Faiella & Wheelan, LLC have considerable experience in the field of insurance law. If you have an insurance problem, contact us for a free consultation.
