Missouri Division of Insurance v. State ex rel. Department of Insurance
Missouri Division of Insurance v. State ex rel. Department of Insurance
Opinion of the Court
The Missouri receiver for two insolvent Missouri-chartered entities, Missouri Gener
The questions therefore are two:
Is there evidence on which the circuit court could properly have found that Missouri General and Consolidated were operated and their assets comingled as though they were one, justifying a judicial disregard of the separate entities? Yes. This record does not permit or require a discriminating analysis of the complex evidence one would expect on such an issue, for of that there was none. For reversal, the Missouri receiver argues only debatable inferences from the documents on which it was content to submit the case, to the chancellor, whose judgment we will not disturb on such questions.
Is there any view of the circumstances which would justify the chancellor, on the findings made, to regard the Florida deposit of Missouri General as an asset of Consolidated, held by its Florida ancillary receiver in trust for Consolidated’s Florida insured and creditors? Yes. Levenstein v. Sapiro, 279 So.2d 858 (Fla. 1973); 19 J. Appleman, Insurance Law & Practice, Section 11092 (1946). When the corporate distinction between Missouri General and Consolidated has been disregarded by them, and hence by a court having power to characterize their common funds, the question is no longer who owns the deposit — both do, or either does — but is rather whether the deposit is still in trust. We hold that the deposit remains in trust, for the expanded class of common Florida beneficiaries. It being unnecessary to apply Missouri General’s Florida deposit to satisfy the Florida insureds and creditors of that diffused and disregarded entity, whose funds are Florida-entrusted assets of Consolidated, the entity which was made indistinguishable from Missouri General by operation of law and the acts of Missouri General, Consolidated, Medallion, and their common principals.
AFFIRMED.
. Missouri General’s $90,000 deposit, with accrued interest is subject to Section 624.411(2), Florida Statutes (1977), providing:
Such deposits shall be for the protection of the insurer’s policyholders or its policyholders and creditors
And it is subject to Section 625.53, providing:
The Department shall take, receipt for and hold in trust deposits made under this code for the purpose or purposes for which the respective deposits were made.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.