 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Messner v. American Union Insurance Company11/19/2003
, 370 (Mo. 1906)).
The same situation exists here as was described in Hartford, namely, neither the trial court nor this court has a clue about what provision, if any, the subject insurance contract contained regarding subrogation. We cannot explain the fallacy in the trial court's reasoning better than did the Hartford court. On this record, the trial court could only speculate that Defendant had subrogation rights. "It is axiomatic that judgments based on speculation and conjecture cannot stand." Stone v. Farmington Aviation Corp., 232 S.W.2d 495, 499 (Mo. 1950).
In sum, neither the trial court, nor this court, can decide, at this juncture, whether Defendant would have subrogation rights vis-a-vis Plaintiff's claim for underinsurance benefits. Having earlier concluded that there was merit in Point I, and now finding merit in Points II and III, we reverse the judgment and remand for further proceedings.
Page 1 2 3 4 5 6 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|