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HENRY v. FARMERS INS. CO., INC.

No. WD 76953.

444 S.W.3d 471 (2014)

Jeffrey HENRY, et al., Appellants, v. FARMERS INSURANCE COMPANY, INC., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 2, 2014.

Application for Transfer Denied October 28, 2014.

Attorney(s) appearing for the Case

Bruce B. Brown , Kearney, MO, for appellant.

Justin S. Chapell , Bradley M. Zaffiri , Thomas M. Ward , St. Louis, MO, for respondent.

Before Division One: MARK D. PFEIFFER, Presiding Judge, LISA WHITE HARDWICK and KAREN KING MITCHELL, Judges.

LISA WHITE HARDWICK, Judge.

Jeffrey Henry and Elizabeth Edmundson (collectively, "Appellants") appeal from the summary judgment in favor of Farmers Insurance Company, Inc., ("Farmers") on their petition for declaratory judgment, attorney's fees, and breach of fiduciary duty. Appellants contend the circuit court erred in granting Farmers' summary judgment motion because (1) their declaratory judgment claim was not moot; (2) they demonstrated special circumstances entitling...

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