SCHMITZ v. GREAT AMERICAN ASSUR. CO.

No. SC 91098.

337 S.W.3d 700 (2011)

Kathleen SCHMITZ and Craig Ewing, Appellants/Cross-Respondents, v. GREAT AMERICAN ASSURANCE COMPANY a/k/a Great American Insurance, Respondent/Cross-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied May 31, 2011.


Attorney(s) appearing for the Case

David J. Moen , David J. Moen PC, Jefferson City, Thomas K. Riley , Riley & Dunlap PC, Fulton, for Parents.

Paul L. Wickens , Kyle N. Roehler , Foland, Wickens, Eisfelder, Roper & Hofer PC, Kansas City, for Great American.


MARY R. RUSSELL, Judge.

A young woman died from injuries she sustained after falling from a portable rock climbing wall at a minor league baseball game. Her parents sued the baseball team's owner, which had both a primary insurance policy and an excess insurance policy. Both insurers refused to defend. To protect itself from potential liability, the owner entered into a section 537.0651 agreement with the parents that limited collection...

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