Marie Demeo v. State Farm Mutual Automobile Insurance Company

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Submitted: January 12, 2011

Before WOLLMAN, LOKEN, and SMITH, Circuit Judges.

Patrick McGinness, driving a pickup truck owned by his adult daughter, negligently struck and injured pedestrian Marie DeMeo in a marked crosswalk. DeMeo obtained a $350,000 state-court judgment against McGinness. His daughter’s insurer, American Family Insurance Company, paid its $100,000 policy limit under the truck owner’s policy. McGinness was insured under four policies issued for the four cars he owned by State Farm Mutual Automobile Insurance Company (“State Farm”). Each policy had a liability limit of $50,000, covered McGinness when operating a non-owned vehicle such as his daughter’s truck, and included an “anti-stacking” provision. Relying on that provision, State Farm paid DeMeo the limit of one policy, $50,000. DeMeo then filed this “Petition for Equitable Garnishment,” see Mo. Rev. Stat. § 379.200, seeking to recover an additional $150,000, the combined limits of the other three policies. After State Farm removed the action to federal court, the district court granted DeMeo’s cross-motion for summary judgment. State Farm appeals. Reviewing the district court’s interpretation of the insurance contract de novo, as Missouri law requires, we reverse and remand. Ritchie v. Allied Prop. & Cas. Ins. Co., 307 S.W.3d 132, 135 (Mo. banc 2009) (standard of review).

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