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SAMUELS v. AMERICAN FAMILY INS. CO.

Nos. WD 63776, WD 63785.

159 S.W.3d 868 (2005)

Sondra SAMUELS, Respondent/Cross-Appellant, v. AMERICAN FAMILY INSURANCE COMPANY, Appellant/Cross-Respondent.

Missouri Court of Appeals, Western District.

April 12, 2005.

Attorney(s) appearing for the Case

Larry D. Coleman, Raytown, for appellant.

Nikki Cannezzaro, Kansas City, for respondent.

PAUL M. SPINDEN, Presiding Judge.

American Family Insurance Company appeals the circuit court's judgment awarding $9155 to Sondra Samuels, American Family's insured, and Samuels cross appeals. Because Samuels' cause of action was purely a creature of statute and because the statute does not support Samuels' cause of action, the court lacked subject matter jurisdiction to rule on Samuels' claim. We, therefore, vacate the circuit court's judgment.

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