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AMERICAN FAMILY MUT. INS. CO. v. PECK

No. WD 64645.

169 S.W.3d 563 (2005)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent, v. Jerry PECK and Mary Ann Peck, Appellants, Shane Michael Bakalar, Defendant.

Missouri Court of Appeals, Western District.

August 23, 2005.

Attorney(s) appearing for the Case

Russell Clark Purvis, Kansas City, for Appellant.

Keith Joseph Schieber, St. Joseph, for Respondent.

Shane Michael Bakalar, pro se, for Defendant.

RONALD R. HOLLIGER, Presiding Judge.

Jerry and Mary Ann Peck appeal a trial court declaratory judgment in favor of American Family. The Pecks allege that the trial court erred in declaring that a homeowner's insurance policy issued by American Family did not cover an off road accident involving a three wheel recreational vehicle that caused the death of their son, Devon Peck. We hold (1) that the policy language provides coverage for ATV's that are not subject to...

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