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DURBIN v. DEITRICK

No. WD 71263.

323 S.W.3d 122 (2010)

Alfred Clement DURBIN, Respondent, v. Robert Lee DEITRICK, Jr., Respondent, and American Family Mutual Insurance Co., Appellant.

Missouri Court of Appeals, Western District.

October 26, 2010.

Attorney(s) appearing for the Case

David R. Frye, Esq. , Overland Park, KS, and James C. Spangler, Esq. , Sedalia, MO, for appellant.

James A. Montee, Esq. , St. Joseph, MO, for respondent.

BEFORE DIVISION ONE: KAREN KING MITCHELL, Presiding Judge, LISA WHITE HARDWICK, Chief Judge and CYNTHIA MARTIN, Judge.

LISA WHITE HARDWICK, Chief Judge.

American Family Mutual Insurance Company ("American Family") appeals the circuit court's grant of summary judgment in favor of Alfred Durbin. The court determined that four automobile liability policies issued by American Family contained ambiguous anti-stacking language and, therefore, must be construed against American Family to permit stacking. For reasons explained herein, we affirm the circuit court's judgment.

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