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HAULERS INS. CO., INC. v. POUNDS

No. SD 29068.

272 S.W.3d 902 (2008)

HAULERS INSURANCE COMPANY, INC., Plaintiff-Respondent, v. Phillip POUNDS, a/k/a Philip Pounds, Defendant-Appellant, Larry Sadler, Estate of Phillip Austin Pounds, a/k/a Philip Pounds, Rodney Smith, and Estate of Nancy Avila, Defendants.

Missouri Court of Appeals, Southern District, Division Two.

December 31, 2008.

Attorney(s) appearing for the Case

James R. Tweedy, Bloomfield, MO., for Appellant.

James E. Laramore, Cape Girardeau, MO., for Respondent.

Timothy F. Ruddy, Cape Girardeau, MO., for Defendant Larry Sadler.

Matthew E. Hill, Cape Girardeau, MO, for Defendant Rodney Smith.

DON E. BURRELL, Presiding Judge.

Haulers Insurance Company, Inc. ("Haulers") filed a petition for declaratory judgment to determine whether a policy exclusion relieved it of any duty to provide coverage and a defense to its named insured, Rodney Smith ("Father"), for a claim involving Father's daughter, Nancy Avila ("Daughter").1 After conducting discovery, both parties asserted there were no material facts in dispute, and each filed a...

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