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MENDOTA INS. CO. v. WARE

No. WD 72766.

348 S.W.3d 68 (2011)

MENDOTA INSURANCE COMPANY, Respondent, v. Olivia WARE, by and through her Uncle and Next Friend, Jackson Ware, Appellant.

Missouri Court of Appeals, Western District.

May 24, 2011.

Attorney(s) appearing for the Case

Stephen R. Bough and Matthew B. Heath , Kansas City, MO, for appellant.

Ellen J. Brooke , St. Louis, MO, for respondent.

Before: GARY D. WITT, P.J., and JAMES E. WELSH and ALOK AHUJA, JJ.

ALOK AHUJA, Judge.

Olivia Ware, by and through her uncle and next friend, Jackson Ware, appeals the circuit court's grant of summary judgment to respondent Mendota Insurance Company in this declaratory judgment action concerning the interpretation of an automobile insurance policy issued by Mendota. Ware previously obtained a wrongful-death judgment awarding her $175,000 in damages against Mendota's insured. Although Ware's wrongful-death judgment is covered by the...

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