MILLER'S CLASSIFIED v. FRENCH EX REL. FRENCH

No. ED 92306.

295 S.W.3d 524 (2009)

MILLER'S CLASSIFIED INSURANCE COMPANY, Appellant, v. Aimee J. FRENCH, a minor, by and through her Next Friend, Susan K. FRENCH and James French, Robert Wallace and Lisa Marie Wallace, a minor, by and through her Next Friend Robert Wallace and American Family Mutual Insurance Company, Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 14, 2009.

Application for Transfer Denied November 17, 2009.


Attorney(s) appearing for the Case

Denis C. Burns, St. Louis, MO, for Appellant.

Robert J. Wulff, St. Louis, MO, John D. Rayfield, Crystal City, MO, George J. Miller, Eureka, MO, for Respondent.


OPINION

GEORGE W. DRAPER III, Judge

Miller's Classified Insurance Company (hereinafter, "Miller's") brought this declaratory judgment action to determine whether the exclusionary provisions of its insurance policy relieved it from any duty to defend and provide coverage to its named insured, Robert Wallace (hereinafter, "Father"), for a claim involving a single vehicle accident wherein his daughter was driving. Following discovery, both parties asserted...

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