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AMERICAN FAMILY MUT. INS. CO. v. CRITES

No. 22110.

973 S.W.2d 137 (1998)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Darrell and Donna CRITES, and Richard and Julie Spiegel, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer to Denied July 15, 1998.

Application for Transfer Denied August 25, 1998.

Attorney(s) appearing for the Case

Craig E. Smith, Daniel, Clampett, Powell & Cunningham, Springfield, for Plaintiff-Appellant.

Norton Y. Beilenson, Kenneth B. Newman, Susman, Schermer, Rimmel & Shifrin, L.L.C., St. Louis, for Defendants-Respondents Spiegel.

Joseph A. Bohrer, Yates, Mauck, Bohrer, Elliff, Croessmann & Wieland, P.C., Springfield, for Defendants-Respondents Crites.

Motion for Rehearing and Transfer to Supreme Court Denied July 15, 1998.

PREWITT, Judge.

A child of Defendants Spiegel died while in the care of Defendant Donna Crites. The issue is whether a homeowners' insurance policy issued by Plaintiff provided liability coverage to Defendants Crites. The trial judge entered summary judgment against Plaintiff, determining that Plaintiff's homeowners' policy affords coverage for the occurrence alleged to have occurred...

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