Messner v. American Union Insurance Co.

KENNETH W. SHRUM, Judge.

This is a suit by Siegfried C. Messner (“Plaintiff’) against his automobile insurer, American Union Insurance Company (“Defendant”). Plaintiff seeks damages based on the “underinsured” coverage of his policy and Defendant’s vexatious refusal to pay. Plaintiff appeals from a judgment on the pleadings favorable to Defendant entered pursuant to Rule 55.27(b). 1

Plaintiff argues the trial court committed reversible error when it ruled (1) Plaintiff’s claim was time-barred, and (2) a judgment for Defendant was mandated by “circular” language in a release given by Plaintiff…