Missouri Revised Statutes

Mo. Rev. Stat. § 379.195 (2026)

Accident insurance liability fixed, when

✓ current as of May 2026

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379.195. Accident insurance liability fixed, when — cancellation prohibited. — 1. In respect to every contract of insurance made between an insurance company, person, firm or association, whether a stock, a mutual, a reciprocal or other company, association or organization, and any person, firm or corporation, by which such person, firm or corporation is insured against loss or damage on account of the bodily injury or death or damage to property by accident of any person, for which loss or damage such person, firm or corporation is responsible, whenever a loss occurs on account of a casualty covered by such contract of insurance, the liability of the insurance company, if liability there be, shall become absolute, and the payment of said loss shall not depend upon the satisfaction by the assured of a final judgment against him for loss, or damage, or death, or if the insured becomes insolvent or discharged in bankruptcy during the period that the policy is in operation or any part is due or unpaid, occasioned by said casualty.

2. No such contract of insurance shall be cancelled or annulled by any agreement between the insurance company and the assured after the said assured has become responsible for such loss or damage, and any such cancellation or annulment shall be void.

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(RSMo 1939 § 6009)

Prior revision: 1929 § 5898

CROSS REFERENCE:

Claimant and tort-feasor may contract to limit recovery to amount covered by specific insurer, 537.065

(1957) Oral agreement to provide insurance from March 31, 1955, held not merged in policy issued to cover period beginning April 19, 1955, where such policy was not accepted and such oral contract could not be modified after a loss. Am. Surety Co. of N.Y. v. Williford, 243 F.2d 494.

(1964) In action by injured party against the insurer, after judgment has been obtained by the injured party against insured, the injured party stands in shoes of insured and his rights are no greater and no less than insured's would have been in action against insurer had insured paid the judgment to injured party. Meyers v. Smith (Mo.), 375 S.W.2d 9.

Notes of Decisions

Cited in 37 cases (1 in the last 5 years), 1955–2025 · leading case: State Ex Rel. McCubbin v. McMillian, 349 S.W.2d 453 (Mo. Ct. App. 1961).

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State Ex Rel. McCubbin v. McMillian, 349 S.W.2d 453 (Mo. Ct. App. 1961). · cites it 19× “Relators contend that if the legislature intended that to be so, then why did they insert the phrase “ * * * including administrators or executors * * * ” and thus expressly include them as persons when referring to judgment creditors and leave out those words when referring to…”

First Nat'l Bank of Kansas City v. Higgins, 357 S.W.2d 139 (Mo. 1962). · cites it 18× “It is apparent when it was stated in the reinsurance agreement, "as respects accidents * * * under policies of insurance" reinsured, that International should pay "the amount of loss" indicated as "company's retention," reference was had to the obligation of International under…”

Cronin v. State Farm Fire & Cas. Co., 958 S.W.2d 583 (Mo. Ct. App. 1997). · cites it 12× “Sections 379.195 and 379.200 were originally enacted as sections 1 and 2 of the same act in 1925.”

Schroeder Ex Rel. Schroeder v. Horack, 592 S.W.2d 742 (Mo. 1979). · cites it 4× “Further, § 379.195, RSMo 1969, prohibits cancellation of an insurance policy providing coverage for "bodily injury .”

Franklin Allen v. Wayne Bryers, Atain Specialty Ins. Co., 512 S.W.3d 17 (Mo. 2016). · cites it 2× “Sections 379.195 and 379.200 govern what is referred to as “equitable garnishment” actions.”

Greer v. Zurich Ins. Co., 441 S.W.2d 15 (Mo. 1969). · cites it 6× “Section 379.195, RSMo 1959; State ex rel.”

State Farm Mut. Auto. Ins. Co. v. Allen, 744 S.W.2d 782 (Mo. 1988). · cites it 4× “1976); § 379.195, RSMo 1986; § 379.200, RSMo 1986; 7A Am.”

Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959). · cites it 6× “" We note here our statutes, sections 379.195 and 379.200 RSMo 1949, V.”

McNeal v. Manchester Ins. & Indem. Co., 540 S.W.2d 113 (Mo. Ct. App. 1976). · cites it 3× “§§ 379.195, 379.-200, RSMo 1969. Manchester raises several points urging reversal.”

Sherman v. Kaplan, 522 S.W.3d 318 (Mo. Ct. App. 2017). · cites it 2× “if the defendant in such action was insured against said loss or damage at the time when the right of action arose, the judgment creditor shall be entitled to have the insurance money, provided for in the contract of insurance between the insurance company, person, firm or…”

Shelter Mut. Ins. Co. v. Baker, 753 S.W.2d 646 (Mo. Ct. App. 1988). · cites it 4× “Under § 379.195, RSMo 1978, where a casualty is covered by liability insurance, the right of the injured person to insurance proceeds following judgment attaches as of the date of the occurrence.”

Helen Y. Smith v. Keystone Mut. Ins. Co., 579 S.W.3d 275 (Mo. Ct. App. 2019). · cites it 2× “” That “excuse is that Berkowitz had apparently concealed or misrepresented his claims history in the Application, and the uncertainty of the application of Section 379.195 to Keystone meant that Keystone had a legitimate basis to seek rescission of its policy.”

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