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RICE v. SHELTER MUT. INS. CO.

No. SC 90139.

301 S.W.3d 43 (2009)

Jason L. RICE, Respondent, v. SHELTER MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 26, 2010.

Attorney(s) appearing for the Case

Ben T. Schmitt, Lesley Renfro Willson, Schmitt Manz Swanson & Mulhern, Kansas City, MO, for Appellant.

Kirk Rahm, Gayle McVay, Rahm, Rahm & McVay, P.C., Warrenburg, MO, Ed Dougherty, Dougherty; Modin & Holloway, Kansas City, MO, for Respondent.

Leland F. Dempsey, Ashley L. Baird, Dempsey & Kingsland, P.C., Kansas City, MO, for Amicus Curiae.

ZEL M. FISCHER, Judge.

Shelter Mutual Insurance Company appeals the trial court's entry of summary judgment in favor of Jason Rice in the amount of $525,000 in uninsured motorist coverage under his Shelter policy. (Shelter paid Rice $75,000 prior to this action.) This Court determines that the policy is ambiguous; therefore, under settled Missouri law, the ambiguity must be resolved in favor of coverage for the insured. Judgment affirmed.

I. BACKGROUND

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