Peck v. Alliance General Insurance

KATHIANNE KNAUP CRANE, Judge.

Plaintiff filed an equitable garnishment action against defendant pursuant to Section 379.200 RSMo (1994) to recover a $400,000 judgment awarded to plaintiff for bodily injury against defendant’s insureds in a negligence action. The trial court granted plaintiffs motion for summary judgment on the ground that the policy covered damages for bodily injury which was not excluded by the assault and battery exclusion attached to the policy because the exclusion was ambiguous. Defendant appeals. We affirm the entry of summary judgment in plaintiffs favor, but on the…