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STATE EX REL. FARMERS MUT. INS. v. BARKER

No. 13318.

658 S.W.2d 503 (1983)

STATE of Missouri, ex rel. FARMERS MUTUAL INSURANCE COMPANY OF HICKORY COUNTY, Missouri, Relator, v. Honorable Charles V. BARKER, Judge of the Circuit Court of Hickory County, Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

September 19, 1983.

Attorney(s) appearing for the Case

Bernard C. Rice, Blanton, Rice, Gilmore, Sidwell & Ottinger, Sikeston, for relator.

Ronald E. Partee, Kansas City, for respondent.

PREWITT, Judge.

Farmers Mutual Insurance Company of Hickory County, Missouri sought this district's writ of prohibition, contending that the claim stated by the plaintiff against it in the underlying action was barred by § 380.840, RSMo 1978, because it was not commenced within twelve months after the loss. Respondent had denied relator's motion to dismiss on this ground. We issued a preliminary order in prohibition.

In its suggestions filed with the...

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