Burr v. National Life & Accident Insurance Co.

LOWENSTEIN, Judge.

Plaintiff appeals the dismissal of her petition against defendants National Life & Accident Insurance Company (“National”) and Billy Ray Carliss on the grounds that 1) the five-year statute of limitations under Section 516.120 RSMo.1978 1 bars plaintiff’s petition, 2) the petition fails to state a claim upon which relief may be granted, and 3) the doctrines of collateral estoppel and res judicata bar the pursuit of plaintiffs petition.

The procedural history of plaintiffs first attempt at a lawsuit against one of the defendants in the present action, David Harding, 2 provides…