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STATE FARM v. ZUMWALT

No. 17196.

825 S.W.2d 906 (1992)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. Sandra Lee ZUMWALT, Nicholas Troy Franklin, Patricia Franklin, and Robert Franklin, Appellants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied March 3, 1992.

Application to Transfer Denied April 21, 1992.

Attorney(s) appearing for the Case

David A. Childers, Lee Ann Miller, Woolsey, Fisher, Whiteaker & McDonald, Springfield, for appellants Sandra Lee Zumwalt, Patricia Franklin, and Robert Franklin.

Mark E. Fitzsimmons, Fitzsimmons, Schroeder & Nelson, P.C., Springfield, for appellant Nicholas Troy Franklin.

Ronald R. Holliger, Boland, McQuain, Block, DeHardt & Rosenbloom, Kansas City, for amicus curiae Missouri Ass'n of Trial Attys.

Warren S. Stafford, Taylor, Stafford, Woody, Cowherd & Clithero, Springfield, for respondent.

CROW, Judge.

State Farm Mutual Automobile Insurance Company ("State Farm") brought this declaratory judgment action against: (1) Sandra Lee Zumwalt ("Sandra"), (2) Robert Franklin ("Robert"), (3) Robert's wife, Patricia Franklin ("Patricia"), and (4) Nicholas Troy Franklin ("Nicholas"), a son of Sandra and Robert. The action was precipitated by a one-vehicle accident November 26, 1987, in which a Nissan automobile owned by Patricia and insured by State Farm was being...

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