McKinney v. State Farm Mutual Insurance

ROBERT ULRICH, Judge.

State Farm Mutual Automobile Insurance Company (“State Farm”) appeals the trial court’s award of prejudgment interest on James McKinney’s (“Mr. McKinney”) uninsured motorist claim. State Farm claims that the trial court erred as a matter of law in awarding prejudgment interest under section 408.020, RSMo 2000, because Mr. McKinney’s uninsured motorist claim was unliquidated and under section 408.040.2, RSMo 2000, because Mr. McKinney’s claim is in contract not tort. The trial court’s award of prejudgment interest is reversed.

Factual and Procedural History

The vehicle in…