Xiaoyan Gu v. Da Hua Hu, and ACE INA Insurance Company Canada, Defendants/Respondents.

PHILIP M. HESS, Judge.

I. Introduction

In this equitable garnishment action, Xiaoyan Gu (Plaintiff) appeals the judgment of the circuit court denying her motion for summary judgment and granting the cross-motion for summary judgment of Ace Ina Insurance Company Canada (Defendant). 1 Plaintiff claims the circuit court’s judgment is erroneous because Defendant is precluded from asserting its policy exclusion defense where the issue of the insured’s coverage was conclusively determined in a prior matter and Plaintiff “stands in the shoes” of the insured under § 379.200 RSMo (2000). 2 We reverse…