Jo Ann Johnson v. State Mutual Life Assurance Co. Of America

GIBSON, Circuit Judge, joins.

It may well be that insurance policies are “promises for the payment of money” within the meaning of Mo.Rev.Stat. § 516.-110(1). However, I remain unpersuaded. For the reasons discussed below, I would hold that the insurance policy in question does not contain a promise for the payment of money and, therefore, this action is barred by the 5-year statute of limitations applicable to actions upon written contracts, Mo.Rev.Stat. § 516.120(1). Accordingly, I respectfully dissent.

The Missouri case law is subject to differing interpretations. Unlike the majority…