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STATE EX REL. AMERICAN FAMILY INS. v. CLARK

No. SC 84610.

106 S.W.3d 483 (2003)

STATE ex rel. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Relator, v. The Honorable Thomas C. CLARK and The Honorable Edith L. Messina, Judges of the Sixteenth Judicial Circuit, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 1, 2003.

Attorney(s) appearing for the Case

Nicholas L. DiVita, David F. Oliver, David L. Marcus, Kansas City, for Relator.

Michael E. Waldeck, Julie J. Gibson, Kansas City, for Respondents.

John W. Bauer, Kansas City, for Amicus Curiae (National Assn. Of Insurance Commissioners).

Bernard L. Balkin, Kansas City, for Amicus Curiae (Ohio Department of Insurance).

WILLIAM RAY PRICE, JR., Judge.

I.

Plaintiffs sued American Family Mutual Insurance Company ("American Family") for breach of contract on behalf of themselves and similarly situated plaintiffs nationwide. After an eight day hearing, the trial court certified the class. American Family sought relief by way of writ of prohibition. This Court issued a preliminary writ in August 2002, prohibiting the trial court from...

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