Missouri Ct Says Surplus Insurance For Loss Of 9 Out Of 58 Units Gets Distributed To All 58 Owners

Missouri Appellate Court decision (March 23, 2015).

This case involved an action filed by a homeowners association (“ Association”) against the owners of nine units within the Association in order to obtain declaratory relief concerning the proper distribution of surplus insurance proceeds that remained after the reconstruction of the building that housed the nine units which had been totally destroyed by fire. Also included in the case was a counterclaim filed against the Association by seven of the nine unit owners in which they sought declaratory relief and damages for breach of trust, breach of fiduciary duty and breach of contract.