UNITED FIRE & CAS. CO. v. THARP

No. 23606.

46 S.W.3d 99 (2001)

UNITED FIRE & CASUALTY COMPANY, Plaintiff-Appellant, v. Michelle THARP, Shanna Tharp, Lloyda Tharp, Vicki Tharp, Darrin Tharp, Sylvia Vaughan, Michael Bland, Dennis Hyman, Michael Tharp, and Robert Tharp, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied May 21, 2001.

Application for Transfer Denied June 26, 2001.


Attorney(s) appearing for the Case

Laurel Stevenson and John G. Schultz, Springfield, for Appellant.

Daniel T. Ramsdell & Charles K. Willoughby, Ramsdell Law Firm, Springfield, for Respondents Lloyda Tharp, Michelle Tharp and Shanna Tharp.

John M. Henderson, Jr., Springfield, for Respondents Vicki Tharp and Darrin Tharp.

James E. Corbett, Corbett & Larson, Springfield, for Respondent Sylvia Vaughan.

Randy P. Scheer & Benjamin A. Joplin, Blackwell Sanders Peper Martin LLP, Springfield, for Respondent Michael Bland.

Erik Martin Belk, Springfield, for Respondent Dennis Hyman.

Tad K. Morlan, Springfield, for Respondents Michael and Robert Tharp.

Randy R. Cowherd, Newberry, Haden, Cowherd, Bullock, Keck & McGinnis L.L.C., Springfield, for Amicus Curiae Farmers Insurance Company, Inc., and State Farm Mutual Automobile Insurance Company.


SHRUM, Judge.

The issue presented by this appeal is whether Dennis Hyman ("Hyman") had liability insurance coverage for claims arising from an accident that occurred while he was driving his employer's van. Specifically, did Hyman become a non-permissive driver and lose coverage which otherwise existed because at the time of the accident, he was violating his employer's rules against (1) transporting non-company passengers...

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