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AMERICAN ECONOMY INS. CO. v. POWELL

No. 25650.

134 S.W.3d 743 (2004)

AMERICAN ECONOMY INSURANCE COMPANY, as subrogee of Silas Luallen and Ella Luallen, Plaintiffs-Respondents, v. Larry POWELL, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

May 13, 2004.

Attorney(s) appearing for the Case

Jace Kentner and Kevin M. Sloan, Lake Ozark, MO, for appellant.

David J. DeSimone and Brad I. Pearson, Kansas City, MO, for respondents Silas Luallen and Ella Luallen.

Dana L. Frese, Jefferson City, MO, for respondent American Economy Insurance Company.

NANCY STEFFEN RAHMEYER, Chief Judge.

Larry Powell ("Powell"), who was uninsured at the time, was involved in a car accident on February 17, 1994. Subsequently, Powell pled guilty to a traffic offense, and paid $130,000.00 in restitution to Silas Luallen and Ella Luallen for damages resulting from accident. American Economy Insurance Company ("American Economy"), as subrogee for the Luallens, sued Powell for recovery of the uninsured motorist benefits it had paid to...

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