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AMERICAN FAMILY MUT. INS. CO. v. FEHLING

Nos. WD 53662, WD 54139.

970 S.W.2d 844 (1998)

AMERICAN FAMILY MUTUAL INSURANCE CO., Plaintiff, v. Kristie FEHLING, Respondent, et al., Respondents, Missouri Dept. of Social Services Division of Medical Services, Appellant.

Missouri Court of Appeals, Western District.

May 26, 1998.

Attorney(s) appearing for the Case

Michael S. Kisling, Jefferson City, for appellant.

William A. Atkinson, Columbia, for Rehling.

Gary G. Sprick, Feyette, for Canaday.

Louis J. Leonatti, Mexico, for American Family.

Before LAURA DENVIR STITH, P.J., and HANNA and RIEDERER, JJ.

RIEDERER, Judge.

FACTS

This is a consolidated appeal of two separate Randolph County Circuit Court cases, involving two separate claims for injuries. In each case, American Family Mutual Insurance paid money as part of a settlement of the claim without trial, and the Missouri Department of Social Services, Division of Medical Services (DMS) claimed a lien under Section 208.215 RSMo (1994). In each case, the trial court reduced the amount of the lien claimed...

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