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KINNAMAN-CARSON v. WESTPORT INS. CORP.

No. SC 89728.

283 S.W.3d 761 (2009)

Karri KINNAMAN-CARSON and Randy Carson, Appellants, v. WESTPORT INSURANCE CORPORATION and ABC Specialty, Inc., d/b/a ABC Tow a/k/a ABC Tow, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 16, 2009.

Attorney(s) appearing for the Case

Jonathan Sternberg, Dennis Owens, Owens & Baker, Kansas City, MO, Joseph M. Backer, The Backer Law Firm, L.L.C., Independence, MO, for Appellants.

Barry McCormick, Edward M. Boyle, Kim J. Poirier, McCormick, Adam & McDonald, P.A., Overland Park, KS, for Respondents.

LAURA DENVIR STITCH, Chief Justice.

This case presents the question whether an insurer can contest coverage in a garnishment action despite its agreement to defend the underlying tort suit without a reservation of rights. The insurer claims it can because it was unaware at the time it made its agreement that judgment already had been entered in the suit it was agreeing to defend. This Court holds that, to the contrary, the insurer's agreement to defend without reservation...

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