Maddox v. State Automobile Mutual Insurance Co.
2011 Mo. App. LEXIS 1407
| Mo. Ct. App. | 2011Background
- Maddox filed a 1998 petition for money damages or equitable relief in Montgomery County against State Auto.
- Service of process was attempted by delivering the summons to the Director of the Missouri Department of Insurance via the Cole County Sheriff.
- The Director rejected forwarding the pleadings due to defects in required forms, and Maddox did not cure or seek relief from the court.
- No proof of service or return receipt was ever established showing that State Auto received notice.
- In 2000 the circuit court entered a default judgment against State Auto for $446,200, without valid service.
- Nearly a decade later, Maddox moved to revive; the circuit court ultimately set aside the default judgment and denied revival, affirming voidness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was personal jurisdiction valid due to service on the Director? | Maddox argues service completed when Director received summons. | State Auto contends service void due to defects and lack of proof of notice. | No; service was defective, no proof of notice, so no jurisdiction. |
| Can Exhibit A and related documents cure service issues for revival? | Maddox relies on Director's letter as notice of forwarding issues. | State Auto contends no actual notice was proven regardless of Exhibit A. | Exhibit A irrelevant; no proof of service to State Auto. |
| Was the default judgment void for lack of personal jurisdiction, justifying vacatur and denial of revival? | Maddox asserts valid service—default judgment should stand. | State Auto argues lack of valid service voids judgment from outset. | Yes; the judgment was void for lack of valid service, warranting vacatur and denial of revival. |
Key Cases Cited
- Grooms v. Grange Mut. Cas. Co., 32 S.W.3d 618 (Mo.Ct.App. E.D.2000) (personal jurisdiction requires proper service; lacking proof renders judgment void)
- Schuh Catering, Inc. v. Commercial Union Ins. Co., 932 S.W.2d 907 (Mo.App. E.D.1996) (proof of service and notice required to establish jurisdiction)
- Strong v. American States Preferred Ins., 66 S.W.3d 104 (Mo.App. E.D.2001) (statutory process requirements govern service of insurers)