Mark Cantor’s successful recovery for Kelvin Ward Jr. will be reported in the
Missouri’s Lawyer Weekly in the near future. That case is significant
because Mark was able to “stack” liability coverage, which
Kelvin Ward was in a car driven by a friend. The defendant, Zachary Schultz
was driving a vehicle insured by American Family with $250,000 of insurance
coverage. The vehicle was not owned by him, but was owned by his father's
American Family originally argued that the most this Plaintiff could receive
is $250,000 based on the language of the policy, so we filed our lawsuit.
Because the business had more than one vehicle insured by American family;
because the insurance policy issued was an "Operator's Policy";
because the Motor Vehicle Financial Responsibility Law (MVFRL) requires
every owner's policy issued in Missouri to provide minimum coverage;
and because Missouri law does not restrict coverage to a single policy
if a driver is insured under multiple policies, we argued that the policy
language provided coverage through those other vehicles, as Mr. Schultz
was covered as an operator under them and did not own the vehicle.
The hard work was done in this case previously when the Court in Karscig
v. McConville, SC 90080, which held that that the exact same American
Family insurance policy language was in conflict with the MVFRL and the
anti-stacking provisions do not apply. We sent a timed demand and the
defense paid the stacked policies of $500,000.00.