Weinberg v. State Farm Mutual Automobile Insurance Co.

LOWENSTEIN, Judge.

The issue presented here is as follows: may an insured tortfeasor who has not been served with process, and who appears unlikely to ever be served in a lawsuit, be treated as an uninsured motorist operating an uninsured motor vehicle within the meaning of Section 379.203 RSMo.1978, allowing an injured party to recover under the uninsured motorist provision of the policy with his or her insurance company? Section 379.203 requires all policies in this state to have such an uninsured provision. The only exception in the statute of an insured vehicle being treated as uninsured…