Lester v. Sayles

In Lester v. Sayles, 850 S.W.2d 858, 873 (Mo. banc 1993) the Court rejected the defendants' argument that section 408.040 failed to "clearly express whether the statute may be triggered by a demand made before the filing of the lawsuit or only by demand made after the filing." This Court wrote: "In our view, there is no ambiguity. The statute, by its plain language, requires no more than plaintiff make a 'demand for payment of a claim or an offer of settlement.' By placing no limitation on when the plaintiff may make this offer, the legislature has answered the question." Id.