This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Missouri Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation
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FAQ
Subrogation Defined In layman's terms, it is when a third party stands in the shoes of the injured person. Generally, subrogation is against public policy in the State of Missouri in a personal injury context. Subrogation only comes about by way of operation of statute or by contract.
A plaintiff seeks a ?declaratory judgment? when some doubt or controversy exists regarding the plaintiff's rights, and the plaintiff desires to officially clarify those rights publicly. A declaratory judgment determines the rights of the plaintiff without awarding any sort of damages.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.
A dismissal without prejudice permits the party to bring another civil action for the same cause, unless the civil action is otherwise barred. A dismissal with prejudice bars the assertion of the same cause of action or claim against the same party.
In order for a Missouri Court to even entertain a declaratory judgment, it must be presented with: (1) a justiciable controversy that presents a real, substantial, presently-existing controversy admitting of specific relief, as distinguished from an advisory decree upon a purely hypothetical situation; (2) a plaintiff ...
87.01. No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for.
Rule 87.04 provides: When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings.
Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.
