379.195. Accident insurance liability fixed, when--cancellation prohibited.
Accident insurance liability fixed, when--cancellation prohibited.
379.195. 1. In respect to every contract of insurance madebetween an insurance company, person, firm or association,whether a stock, a mutual, a reciprocal or other company,association or organization, and any person, firm or corporation,by which such person, firm or corporation is insured against lossor damage on account of the bodily injury or death or damage toproperty by accident of any person, for which loss or damage suchperson, firm or corporation is responsible, whenever a lossoccurs on account of a casualty covered by such contract ofinsurance, the liability of the insurance company, if liabilitythere be, shall become absolute, and the payment of said lossshall not depend upon the satisfaction by the assured of a finaljudgment against him for loss, or damage, or death, or if theinsured becomes insolvent or discharged in bankruptcy during theperiod that the policy is in operation or any part is due orunpaid, occasioned by said casualty.
2. No such contract of insurance shall be canceled orannulled by any agreement between the insurance company and theassured after the said assured has become responsible for suchloss or damage, and any such cancellation or annulment shall bevoid.
(RSMo 1939 § 6009)Prior revision: 1929 § 5898
CROSS REFERENCE:
Claimant and tort-feasor may contract to limit recovery to amount covered by specific insurer, RSMo 537.065
(1957) Oral agreement to provide insurance from March 31, 1955, held not merged in policy issued to cover period beginning April 19, 1955, where such policy was not accepted and such oral contract could not be modified after a loss. Am. Surety Co. of N.Y. v. Williford, 243 F.2d 494.
(1964) In action by injured party against the insurer, after judgment has been obtained by the injured party against insured, the injured party stands in shoes of insured and his rights are no greater and no less than insured's would have been in action against insurer had insured paid the judgment to injured party. Meyers v. Smith (Mo.), 375 S.W.2d 9.