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SMITH v. WAUSAU UNDERWRITERS INS. CO.

No. WD 55029.

977 S.W.2d 291 (1998)

Stephen B. SMITH, Respondent, v. WAUSAU UNDERWRITERS INSURANCE COMPANY, Appellant.

Missouri Court of Appeals, Western District.

October 13, 1998.

Attorney(s) appearing for the Case

Russell F. Watters, T. Michael Wood, Heidi K. Potter, Brown & James, P.C., St. Louis, for Appellant.

Susan Ford Robertson, Columbia, for Respondent.

SPINDEN, Presiding Judge.

After Stephen Smith settled a lawsuit for $135,000, he sued Wausau Underwriters Insurance Company for partial payment of the settlement pursuant to the terms of an umbrella policy issued by Wausau to Smith. Wausau denied coverage of Smith's claim because it believed that the coverage afforded by its umbrella policy was the final layer of insurance available to Smith and it was, therefore, not liable...

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