AMERICAN FAMILY MUT. INS. CO. v. LACY

No. WD 43112.

825 S.W.2d 306 (1991)

AMERICAN FAMILY MUTUAL INSURANCE CO., Appellant, v. William S. LACY (Defendant Ad Litem), Defendant, State Farm Insurance Co., Middlewest Freightways, Inc., Gelco Leasing, Inc., Liberty Mutual Insurance Co., Harvey Cullen and Mary Lou Cullen, John L. Turner and Joyce L. Turner, United States Fidelity and Guaranty Co., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 1, 1991.

Application for Transfer Sustained November 19, 1991.

Case Retransferred March 24, 1992.

Opinion Readopted April 1, 1992.


Attorney(s) appearing for the Case

John Edmund Turner, Kansas City, for appellant.

William S. Lacy, defendant ad litem (appointed counsel).

Keith Alan Cary and Phillip B. Grubaugh, Kansas City, for State Farm Ins.

Jeffrey Thomas O'Connor, Kansas City, for Middlewest Freightways, Inc.

John Charles Bragg, Grandview, for Harvey and Mary Lou Cullen.

Loeb H. Granoff, Kansas City, for John L. and Joyce L. Turner.

John H. Altergott, Jr. and Cary W. Miller, Kansas City, for U.S. Fidelity and Guar.

Before SHANGLER, P.J., and KENNEDY and FENNER, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied October 1, 1991.

Court of Appeals Opinion Readopted April 1, 1992.

SHANGLER, Judge.

The plaintiff American Family Mutual Insurance Company brought a petition for a declaratory judgment that the acts of its insured, Timothy C. Stoffers, in colliding with a vehicle operated by John L. Turner and occupied by Harvey H. Cullen were intentional and, therefore, excluded from coverage. The insured...

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