31.10 [1978 Revision] Verdict Directing-Uninsured Motor Vehicle-General Comment

Instruction No 1 31.10 [1978 Revision] Verdict Directing--Uninsured Motor Vehicle-- General Comment Uninsured motorist insurance cases combine tort liability and contract liability into one action. The obligation of the uninsured motorist to respond in money damages is governed by tort rules and that of the insurer is governed by contract (treaty and law). Under Section 379.203, RSMo and current policy provisions, recovery can be made in uninsured motor vehicle cases only when the damages result from "bodily injury, sickness or disease, including death." It is the function of the jury to assess the plaintiff's damages and the tort-feasor is liable for the total amount. Use MAI 4.01 or other applicable damage instruction. When the insurance company is found liable, the amount of the judgment against it is a matter of law to be determined by the court. In most instances, it will be set by the policy limits unless the verdict and judgment against the tort-feasor is less than the policy limits. Where the suit is against the insurance company only in an uninsured motor vehicle situation, the measure of damages instruction MAI 4.11 should be used. This instruction does not assess damages against the defendant, but sets the amount of damages sustained by the plaintiff as a result of the collision. If the amount of damages is over the applicable policy limits, the court will enter judgment in the amount of the applicable policy limit. If the damages sustained by plaintiff are less than the policy limit, the court will then enter judgment in that amount. Verdict form MAI 36.14 should be used where the insurance company is sued as the only defendant in uninsured motor vehicle situations. The jury will assess by its general verdict the amount of damages. The court, as a matter of law, will enter judgment against the tort-feasor for the full amount. The court will enter judgment upon the jury's verdict against the uninsured motor vehicle insurance carrier only in such amount as its liability appears as a matter of law, including questions of stacking.