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

No. 18085.

849 S.W.2d 189 (1993)

Pebble J. EATON, Plaintiff-Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer Denied March 2, 1993.

Application to Transfer Denied April 20, 1993.

Attorney(s) appearing for the Case

Dan L. Birdsong, Charles Bennett, Thomas, Birdsong & Clayton, P.C., Rolla, for defendant-appellant.

Mark Turley, Williams, Robinson, Turley & White, Rolla, for plaintiff-respondent.

GARRISON, Judge.

Plaintiff (Respondent) filed a two-count petition against State Farm (Appellant). Count I sought a declaratory judgment establishing coverage under the uninsured motorist and underinsured motorist provisions of a State Farm policy.1 Jury was waived and the case was submitted pursuant to a Stipulation of Fact which provided, in pertinent part, that: plaintiff was injured in a one-car accident on February 15, 1987; the car...

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