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AMERICAN STANDARD INS. CO. OF WI v. BRACHT

No. 24800.

103 S.W.3d 281 (2003)

AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Plaintiff-Appellant, v. Austin BRACHT, Bobby J. Stafford, Health Cost Controls, Empire Blue Cross/Blue Shield of Middleton, N.Y., and State of Missouri, Department of Social Services, Division of Medical Services, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied April 22, 2003.

Application for Transfer Denied May 27, 2003.

Attorney(s) appearing for the Case

David F. Sullivan, Schmidt, Kirby & Sullivan, P.C., Springfield, for appellant.

Edward J. Hershewe, Daniel Robert DeFoe, Hershewe Law Firm, P.C., Joplin, for respondent.

PHILLIP R. GARRISON, Judge.

American Standard Insurance Company of Wisconsin ("American Standard") appeals from an adverse judgment entered in its suit for declaratory judgment. Each of its six points on appeal is directed to what it perceives as erroneous trial court conclusions concerning "set-off" provisions in the automobile liability and uninsured motorist portions of a policy issued by it.

American Standard issued an automobile liability policy to Bobby...

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