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KESTERSON v. STATE FARM FIRE & CAS. CO.

No. SC 88648.

242 S.W.3d 712 (2008)

Nicole R. KESTERSON and Philip M. Kesterson, Appellants, v. STATE FARM FIRE & CASUALTY COMPANY and State Farm Mutual Automobile Insurance Company, Respondents.

Supreme Court of Missouri, En Banc.

January 15, 2008.

Attorney(s) appearing for the Case

Matthew J. Padberg, Anna E. Spink, St. Louis, for Appellees.

J. Christopher Spangler, Sedalia, for Respondents.

MICHAEL A. WOLFF, Judge.

Question Presented

The Kestersons had two theories of uninsured motorist liability against their insurer, State Farm, arising from a car accident in which Nicole Kesterson was injured. When the Kestersons voluntarily dismissed one of their two claims, in order to appeal an adverse judgment on the other claim, did they improperly split their cause of action so that the judgment on the first claim barred the second?

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