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CHARLES v. CONSUMERS INS.

Nos. WD 73315, WD 73363.

371 S.W.3d 892 (2012)

Bradford CHARLES, Respondent, v. CONSUMERS INSURANCE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 26, 2012.

Application for Transfer Denied August 14, 2012.

Attorney(s) appearing for the Case

John L. Mullen , Timothy P. Price , and Nikki Cannezzaro , Kansas City, MO, for Appellant.

Paul Hasty, Jr. , Overland Park, KS, for Respondent.

Before Division One: VICTOR C. HOWARD, Presiding Judge, and ALOK AHUJA and KAREN KING MITCHELL, Judges.

KAREN KING MITCHELL, Judge.

This is an underinsured motorist case. The issue is whether the plaintiff's underinsured motor vehicle ("UIM") insurer has a right to intervene in plaintiff's liability action against the underinsured motorist when the UIM insurer first denied that underinsured motorist coverage applied, but later determined that such coverage may apply, conceding such at the time of the relevant intervention ruling and prior to trial in the liability action...

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