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BORGES v. MO. PUBLIC ENTITY RISK MANAGEMENT

No. WD 73446.

358 S.W.3d 177 (2012)

Alex BORGES, Jr., et al., Appellants, v. MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND (MOPERM), Respondent.

Missouri Court of Appeals, Western District.

January 31, 2012.

Attorney(s) appearing for the Case

Robert Herman , St. Louis, MO, for Appellants.

Marshall V. Wilson and Michael G. Berry , Jefferson City, MO, for Respondent.

Before Division Three: KAREN KING MITCHELL, Presiding Judge, and JAMES M. SMART, JR., and GARY D. WITT, Judges.

KAREN KING MITCHELL, Presiding Judge.

This is a standing case. The appellants filed a declaratory judgment action in which they alleged that the Missouri Public Entity Risk Management Fund ("the Fund") failed to follow proper rulemaking procedures when it established exclusions, which, if effective, would provide no coverage for the petitioners' alleged claims against two of the Fund's participants. The circuit court entered summary judgment in favor of the Fund,...

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