Missouri Revised Statutes

Mo. Rev. Stat. § 379.200 (2026)

Judgment creditor may collect insurance, when

✓ current as of May 2026

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379.200. Judgment creditor may collect insurance, when. — Upon the recovery of a final judgment against any person, firm or corporation by any person, including administrators or executors, for loss or damage on account of bodily injury or death, or damage to property 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 association as described in section 379.195, and the defendant, applied to the satisfaction of the judgment, and if the judgment is not satisfied within thirty days after the date when it is rendered, the judgment creditor may proceed in equity against the defendant and the insurance company to reach and apply the insurance money to the satisfaction of the judgment. This section shall not apply to any insurance company in liquidation.

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(RSMo 1939 § 6010, A.L. 1991 H.B. 385, et al.)

Prior revision: 1929 § 5899

CROSS REFERENCE:

Tax lien to follow and attach to fire or tornado insurance proceeds, 139.110

(1955) Plaintiff having judgment against insured in action arising out of automobile collision held entitled to assert that rider, excluding liability coverage when car was being operated by certain person, was void for lack of consideration. Wackerle v. Pacific Employers Ins. Co., 219 F.2d 1.

(1961) Equity action based on joint judgment was filed against defendants and their respective insurers. One of the judgment debtors and his insurer were nonresidents. After suit was filed, resident insurer paid half of judgment, nonresident insurer paid two-sevenths of judgment and a judgment for the remainder was rendered against the resident insurer who then filed a cross-claim against the nonresident insurer for contribution. The court ruled that this section applied and that it authorized a direct action on the foreign policy by the judgment debtor and his subrogee. State ex rel. McCubbin v. McMillan (A.), 349 S.W.2d 453.

(1963) Where purchaser of automobile did not receive certificate of title until after he was involved in accident, purchaser was not owner of automobile at time of accident and purchaser was an insured under garage liability of policy covering seller and insurer was liable in equitable garnishment suit for satisfaction of judgment obtained against purchaser. Sabella v. American Indemnity Co. (Mo.), 372 S.W.2d 36.

(1971) In action by insured's judgment creditors against insured and insurer, court held that where automobile policy provided coverage for a six month period of February 27 to August 27, was countersigned by insurer's agent and mailed to insured who received it and "put it in the car", neither insured nor plaintiffs were in position to invoke reformation of contract to provide coverage at time of accident, September 1. Galemore v. Haley (A.), 471 S.W.2d 518.

(2001) Section is not judgment creditor's exclusive remedy for obtaining insurance proceeds from judgment debtor's insurer; ordinary postjudgment garnishment process may be used to reach insurance proceeds. Lancaster v. American and Foreign Insurance Co., 272 F.3d 1059 (8th Cir.).

Notes of Decisions

Cited in 166 cases (24 in the last 5 years), 1953–2026 · leading case: Johnston v. Sweany, 68 S.W.3d 398 (Mo. 2002).

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Johnston v. Sweany, 68 S.W.3d 398 (Mo. 2002). · cites it 40× “There are two avenues for a judgment creditor to collect money from an insurance company: (1) a traditional garnishment under section 525.”

Cronin v. State Farm Fire & Cas. Co., 958 S.W.2d 583 (Mo. Ct. App. 1997). · cites it 70× “1992), the Eastern District of this court commented that "a judgment creditor may proceed in equity to recover policy proceeds, § 379.200 RSMo (Supp.1991), or direct a garnishment action against the insurer.”

Franklin Allen v. Wayne Bryers, Atain Specialty Ins. Co., 512 S.W.3d 17 (Mo. 2016). · cites it 12× “240 and Rule 90 or (2) a direct action against the insurer authorized by section 379.200.” Johnston v. Sweany, 68 S.”

Wilkes v. St. Paul Fire & Marine, Ins. Co., 92 S.W.3d 116 (Mo. Ct. App. 2002). · cites it 12× “In April 2000, pursuant to Section 379.200, Plaintiffs filed the underlying equitable garnishment action against Insurer and Warren.”

State Ex Rel. McCubbin v. McMillian, 349 S.W.2d 453 (Mo. Ct. App. 1961). · cites it 22× “It will first be noted that of the four defendants named in Snyder’s action under § 379.200, supra, two are residents of the City of St.”

Jimmie Lee Taylor v. The Bar Plan Mut. Ins. Co., 457 S.W.3d 340 (Mo. 2015). · cites it 5× “3 Client filed an equitable garnishment action to collect on the judgment by suing the Bar Plan directly under section 379.200, RSMo 2000. The Bar Plan filed for summary judgment, arguing both that there was no coverage under the policy and, if there was, that coverage was…”

Kretsinger Real Est. Co. & Am. Cent. Transp., Inc. v. Amerisure Ins. Co., 498 S.W.3d 506 (Mo. Ct. App. 2016). · cites it 8× “Thereafter, on February 8, 2014, Judgment Creditors filed a petition for equitable garnishment pursuant, to section 379.200, RSMo 2000, against Triad and its commercial general liability (“CGL”) insurer, Amerisure Insurance Company (“Am-erisure”).”

Peck v. All. Gen. Ins., 998 S.W.2d 71 (Mo. Ct. App. 1999). · cites it 9× “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.”

Mendota Ins. Co. v. Diane Lawson, 456 S.W.3d 898 (Mo. Ct. App. 2015). · cites it 6× “Lawson filed a counter-claim against Mendota under Section 379.200 3 for bad faith failure to defend Burlingame in the underlying action that led to the judgment of more than three million dollars because Mendota had agreed to defend Burlingame only under a reservation of rights.”

First Nat'l Bank of Kansas City v. Higgins, 357 S.W.2d 139 (Mo. 1962). · cites it 12× “t should give effect to this latter portion of the Higgins-General contract, particularly in view of the well-established public policy of this state, where it appears that at the time Higgins' liability arose he had the protection of his own policy supplemented by the…”

Katina Piatt v. Indiana Lumbermen's Mut. Ins. Co., 461 S.W.3d 788 (Mo. 2015). · cites it 4× “3 The plaintiffs then sued ILM and Flowers in this action for equitable garnishment under § 379.200, breach of contract for refusal to defend, declaratory judgment, and vexatious refusal to pay.”

Amy Leigh Sauvain v. Acceptance Indem. Ins. Co., 500 S.W.3d 893 (Mo. Ct. App. 2016). · cites it 6× “A garnishment action pursuant to section 379.200 is a direct garnishment action known as an “equitable garnishment proceeding,” in which a plaintiff, in a separate lawsuit, is attempting to assert an independent claim or claims directly against an insurer.”

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