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STATE FARM FIRE & CAS. v. ALBERICI

No. 62375.

852 S.W.2d 388 (1993)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff/Appellant, v. Richard Lee ALBERICI, and Michael S. Pierce, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied May 18, 1993.

Attorney(s) appearing for the Case

Sam P. Rynearson, Kevin P. Schnurbusch, St. Louis, for plaintiff, appellant.

Jerry A. Klein, Carolyn L. Trokey, St. Louis, for defendants, respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 18, 1993.

GRIMM, Judge.

State Farm appeals the dismissal of its petition for declaratory judgment, raising four points of error. Its petition did not state a claim upon which relief can be granted; we affirm.

I. Background

On June 28, 1990, insured shot victim, causing serious bodily injury. In 1991, victim sued insured for damages. His petition included three counts. Count...

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