SAFECO INS. CO. OF AMERICA v. SMITH

No. WD 71356.

318 S.W.3d 196 (2010)

SAFECO INSURANCE COMPANY OF AMERICA, Respondent, v. Sherri Lee SMITH, et al., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 27, 2010.

Application for Transfer Denied September 21, 2010.


Attorney(s) appearing for the Case

Phillip A. Burdick , for Appellant.

Timothy J. Wolf , for Respondent.

Before Division Two: JOSEPH M. ELLIS, Presiding Judge, VICTOR C. HOWARD, Judge and ZEL M. FISCHER, Special Judge.


JOSEPH M. ELLIS, Judge.

Thomas Allen Smith and Sherri Lee Smith ("the Smiths") appeal from a summary judgment entered by the Circuit Court of Buchanan County in favor of Safeco Insurance Company in a declaratory judgment action filed by Safeco seeking a declaration that an insurance policy it issued does not provide coverage for Clint Smith with respect to a fatal accident that killed the Smith's son, A.J. Smith.

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