RITCHIE v. ALLIED PROPERTY & CAS. INS. CO.

No. SC 90085.

307 S.W.3d 132 (2009)

Steve RITCHIE and Anita Ritchie, Respondents, v. ALLIED PROPERTY & CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court of Missouri, En Banc.

November 17, 2009.


Attorney(s) appearing for the Case

Jared Robertson, Brian D. Malkmus, Springfield, MO, for Appellant.

Glen R. Gulick, Jr., Joplin, MO, for Respondents.

Jason L. Call, Carson & Coil, P.C., Jefferson City, MO, for Amicus Curiae Missouri Insurance Coalition.

Leland F. Dempsey, Ashley L. Baird, Dempsey & Kingsland, P.C., Kansas City, MO, for Amicus Curiae Missouri Association of Trial Attorneys.


LAURA DENVIR STITH, Judge.

Steve and Anita Ritchie sued Allied Property and Casualty Insurance Company seeking $300,000 in underinsured motorist coverage under their Allied policy for the wrongful death of their daughter, Kelsey Ritchie. The trial court held that the Ritchies were entitled to recover this amount, finding the anti-stacking and set-off provisions of the policy unenforceable.

This Court affirms, but on different grounds. Allied's other insurance...

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