Mo. Rev. Stat. » Chapter 379
Missouri Revised Statutes

Mo. Rev. Stat. § 379.204 (2026)

Underinsured motor vehicle coverage, construction of policy

✓ current as of May 2026
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  379.204.  Underinsured motor vehicle coverage, construction of policy. — Any underinsured motor vehicle coverage with limits of liability less than two times the limits for bodily injury or death pursuant to section 303.020 shall be construed to provide coverage in excess of the liability coverage of any underinsured motor vehicle involved in the accident.

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(L. 1999 S.B. 19)

(2002) Requirement for insurers to provide excess underinsured motorist coverage under certain circumstances, effective August 28, 1999, does not apply retroactively.  Melton v. Country Mutual Insurance Company, 75 S.W.3d 321 (Mo.App.E.D.).

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2002–2024 · leading case: Melton v. Country Mut. Ins. Co., 75 S.W.3d 321 (Mo. Ct. App. 2002).
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Melton v. Country Mut. Ins. Co., 75 S.W.3d 321 (Mo. Ct. App. 2002). · cites it 13× “Appellant’s second point on appeal contends that the trial court erred in granting summary judgment in favor of Country because section 379.204, RSMo 2000 (hereafter all statutory references are to RSMo 2000), mandates that Country provide $50,000.”
Buehne v. State Farm Mut. Auto. Ins. Co., 232 S.W.3d 603 (Mo. Ct. App. 2007). · cites it 29× “Plaintiffs contend the trial court erred in granting summary judgment in favor of State Farm because Plaintiffs are entitled to recover the policy limits of their underinsured motorist coverage in accordance with Section 379.204, RSMo 2000. 1 We find the trial court properly…”
Tapley v. Shelter Ins. Co., 91 S.W.3d 755 (Mo. Ct. App. 2002). · cites it 8× “That statute, adopted in 1999, provides that: Any underinsured motor vehicle coverage with limits of liability less than two times the limits for bodily injury or death pursuant to section 303.020, RSMo, shall be construed to provide coverage in excess of the liability coverage…”
Nationwide Ins. Co. of Am. v. Patrice Thomas, 487 S.W.3d 9 (Mo. Ct. App. 2016). · cites it 3× “Id, at 791 (“[c]onfusion of the ordinary insurance purchaser of [un-derinsured motorist] coverage is legislatively recognized in Missouri, in that the Missouri General Assembly has adopted legislation to help protect-the insurance consumer from purchasing ‘illusory’ coverage”…”
Kyte v. Am. Fam. Mut. Ins. Co., 92 S.W.3d 295 (Mo. Ct. App. 2002). · cites it 3× “American Family also contends summary judgment was improper because the UIM coverage cannot be considered “excess” insurance in light of the recent enactment of § 379.204 RSMo (2000). Kyte responds that two provisions in the endorsement create ambiguity about the set-off and…”
Miller v. Ho Kun Yun, 400 S.W.3d 779 (Mo. Ct. App. 2013). · cites it 7× “The endorsement also sets forth a description of circumstances related to vehicles that would disqualify a vehicle from being considered an "underinsured motor vehicle,” none of which are pertinent here.”
Courtney Garner v. Amco Ins. Co. (Mo. Ct. App. 2023). · cites it 15× “Section 379.204, RSMo specifies only how amounts which are otherwise payable under a policy's underinsured motorist coverage relate to payments received from the negligent driver; it does not specify when such underinsured motorist payments are legally due.”
Glenda Kirkendoll v. Auto-Owners Ins. Co. (Mo. Ct. App. 2022). · cites it 11× “Kirkendoll contends that, as a result, Auto-Owners’ underinsured motorist coverage must “be construed to provide coverage in excess of the liability coverage” under Rogers’ policy by operation of § 379.204, RSMo. In her second Point, Kirkendoll argues that the circuit court…”
Linda McCarty v. Shelter Mut. Ins. Co. (Mo. Ct. App. 2024). · cites it 9× “§ 379.204. Section 303.020 sets a mandated statutory limit of $25,000 for bodily injury or death coverage.”
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