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FARMERS INS. CO., INC. v. McCARTHY

No. 62963.

871 S.W.2d 82 (1994)

FARMERS INSURANCE CO., INC., Plaintiff, v. Mary McCARTHY, et al., Defendants/Third Party Plaintiff/Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY and James Smith, Third Party Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Transfer Denied March 9, 1994.

Attorney(s) appearing for the Case

Gary Alan Growe, Clayton, for appellant.

Robert Joseph Wulff, St. Louis, for respondents.

Motion for Transfer to Supreme Court Denied March 9, 1994.

CRAHAN, Judge.

This is an appeal from an order dismissing a third party petition for damages filed by defendant/third party plaintiff, Mary McCarthy ("McCarthy"), against third party defendants American Family Mutual Insurance Company ("American Family") and James Smith ("Smith") alleging breach of fiduciary duty and negligence based on Defendants' failure to advise her of the availability of underinsured...

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