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AMERICAN FAMILY MUT. v. HOFFMAN

No. WD 58984.

46 S.W.3d 631 (2001)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent, v. Michael HOFFMAN, by and through his Next Friend, Marilyn SCHMUTZLER, formerly Don Roark, and Tanya Toebben, Appellant.

Missouri Court of Appeals, Western District.

May 29, 2001.

Attorney(s) appearing for the Case

Christopher P. Rackers, Jefferson City, for appellant.

Robert K. Angstead, Jefferson City, for respondent.

Before ELLIS, P.J., LOWENSTEIN and BRECKENRIDGE, JJ.

BRECKENRIDGE, Judge.

Michael Hoffman was injured during a weekend visit with his mother, Tanya Toebben. Michael, by and through his next friend, Marilyn Schmutzler, filed suit against his mother for his injuries. Ms. Toebben's homeowner's insurance company, American Family Mutual Insurance Company (American Family), filed a petition for declaratory judgment seeking a determination that Ms. Toebben's policy excluded any duty to pay for Michael's losses because Michael...

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