Larry Brown v. CRST Malone, 2014 U.S. App. LEXIS 77

Brown sued CRST in Missouri state court for negligently failing to maintain workers' compensation insurance; case removed to federal court and summary judgment granted for CRST under Missouri five-year statute of limitations.
Insurance procurement chain: ACT provided coverage through AMS; CNA ultimately provided the policy, which was canceled June 20, 2002; Brown was unaware, and premiums continued to be deducted.
Brown was injured July 21, 2002; he filed for workers' compensation July 21, 2003 and began receiving biweekly benefits, later ceasing in 2004 as disputes arose.
In 2005, the Missouri Department of Insurance informed Brown there was no valid policy; Brown's attorney acknowledged this on March 8, 2005.
An Administrative Law Judge later ruled on July 31, 2008 that Brown was not insured at the time of injury; Brown filed suit March 17, 2011, which was removed to federal court in 2011.
District court held the claim accrued before March 2006 and thus was barred by the five-year statute; Brown appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does 'last item of damage' toll the statute?	Brown	CRST	Not controlling; single wrong did not accrue on 'last item'.
When are damages 'capable of ascertainment' for accrual?	Brown	CRST	Accrual occurred when damages were ascertainable, 2005, not 2008.

Sabine v. Leonard, 322 S.W.2d 831 (Mo. 1959) (inapposite: installment debt not applicable to single wrong)
Branstad v. Kinstler, 166 S.W.3d 134 (Mo. Ct. App. 2005) (accrual when denial of coverage evidenced)
Nuspl v. Mo. Med. Ins. Co., 842 S.W.2d 920 (Mo. Ct. App. 1992) (accrual when coverage denied; damages ascertainable)
Wallace v. Helbig, 963 S.W.2d 360 (Mo. Ct. App. 1998) (case-by-case control of 'capable of ascertainment' timing)
State ex rel. Marianist Province of U.S. v. Ross, 258 S.W.3d 809 (Mo. banc 2008) (establishes objective 'capable of ascertainment' test)