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eBook details

• Title: State Farm Fire & Casualty Co. v. Eugene
• Author : Southern District, Division One Court of Appeals of Missouri
• Release Date : January 19, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

State Farm Fire & Casualty Company (State Farm) appeals from a summary judgment that included an award of damages in
favor of Eugene C. Metcalf and William E. Metcalf (claimants). The trial court declared that State Farm had issued a policy
of automobile insurance that applied to an automobile accident in which Sharon K. Metcalf was killed and that the limits of
liability provided by that policy were $25,000 per person, including death, and $50,000 per occurrence. The trial court further
found for State Farm on two counts of a counterclaim brought by claimants (Counts I and II) and for claimants on a third count
of the counterclaim (Count III). The trial court awarded damages in Count III in the amount of $975,000 "because of State
Farm's bad faith refusal to defend and settle . . . wrongful death claims against State Farm's insured." This court affirms
in part, reverses in part and remands. Lance Lee Metcalf and Sharon K. Metcalf, claimants' parents, were killed in an automobile accident on May 30, 1990. The automobile
in which they were riding, and which was operated by Mr. Metcalf, left a roadway, went down a steep embankment, and came to
rest approximately 75 feet away from the roadway. Mr. Metcalf was the named insured in two policies of automobile insurance
issued by State Farm.

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