Ericka J Sauvain, Amy Leigh Sauvain, by Next Friend, Ericka J Sauvain and Bonnie S Hughes v. Acceptance Indemnity Insurance Company
2014 Mo. App. LEXIS 452
| Mo. Ct. App. | 2014Background
- On March 24, 2005, Bowman Sr. paid $4,257 to USA Cars for a 1998 Ford Contour, received keys and drove the car off the lot, but the dealer did not sign the purchase order and did not deliver title as promised.
- USA Cars’ purchase form stated the order was not binding until accepted by the dealer; USA Cars retained the title/lien through and after the April 30, 2005 collision.
- On April 30, 2005, Bowman Jr. was driving the Contour in a fatal collision that killed John Sauvain and injured Bonnie Hughes; the Missouri accident report listed USA Cars as the vehicle owner.
- Acceptance insured USA Cars under a garage policy that covered autos "owned" by USA Cars; plaintiffs sought equitable garnishment to recover the policy limits ($100,000) as additional coverage for the underlying judgment against Bowman Jr.
- This Court previously remanded after concluding intent to transfer ownership was a factual question (Sauvain I). After a bench trial the trial court found USA Cars and Bowman Sr. did not intend to transfer ownership before the wreck and entered judgment for plaintiffs; Acceptance appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether USA Cars and Bowman Sr. intended to effect a sale (transfer ownership) before the April 30, 2005 wreck | Plaintiffs: USA Cars retained title/lien, promise to deliver title not kept, dealer told Bowman he was "covered" on dealer plates, and the purchase form required dealer acceptance — all show no intent to transfer ownership before wreck | Acceptance: Full payment, delivery of vehicle and keys, and practice of completing sales without dealer signature show parties intended transfer on March 24, 2005 | Trial court judgment affirmed: substantial evidence supports finding no intent to transfer ownership before the wreck; appellate court defers to fact-finder’s credibility determinations |
Key Cases Cited
- Sauvain v. Acceptance Indem. Ins. Co., 339 S.W.3d 555 (Mo. App. W.D. 2011) (remanding because intent to effect sale was a factual issue)
- Pearson v. Koster, 367 S.W.3d 36 (Mo. banc 2012) (standard of review for bench trial judgments)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (bench-tried case review standard)
- Houston v. Crider, 317 S.W.3d 178 (Mo. App. S.D. 2010) (framework for not-supported-by-substantial-evidence and against-the-weight-of-the-evidence challenges)