WEINBERG v. STATE FARM MUT. AUTO. INS. CO.

No. WD 33476.

659 S.W.2d 236 (1983)

James WEINBERG and Flora Weinberg, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied September 28, 1983.

Application to Transfer Denied November 22, 1983.


Attorney(s) appearing for the Case

Michael W. Manners, Independence, for plaintiffs-appellants.

Donald C. Bollard, III, Kansas City, for defendant-respondent.

Before NUGENT, P.J., and TURNAGE and LOWENSTEIN, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied September 28, 1983.

LOWENSTEIN, Judge.

The issue presented here is as follows: may an insured tortfeasor who has not been served with process, and who appears unlikely to ever be served in a lawsuit, be treated as an uninsured motorist operating an uninsured motor vehicle within the meaning of Section 379.203 RSMo.1978, allowing an injured party to recover under the uninsured motorist...

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