IN THE CIRCUIT COURT OF WAYNE COUNTY, MISSOURI
OCT 23 2006
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
Plaintiff,
v.
JUANITA BROWN
Serve: RR 4 Box 4268 Piedmont, MO 63957
and
ALFORD W. BROWN, JR. Serve: 114 S. Main Piedmont, MO 63957
Defendants.
Case No. 06W4-CV00224
PETITION FOR DECLARATORY JUDGMENT
COMES NOW plaintiff Farn Bureau Town & Country Insurance Company of Missouri
("Farm Bureau") and, for its Petition for Declaratory Judgment, states:
1. Plaintiff Farm Bureau is a Missowi insurance corporation authorized to transact
business in the State of Missouri.
2. Defendant Juanita Brown is a resident of Wayne County, Missouri.
3. Defendant Alford W. Brown, Jr. is a resident of Wayne County, Missouri.
4. Defendant Juanita Brown filed a lawsuit against Alford W. Brown, Jr. in the Circuit
Court of Wayne County, Missouri, in an action entitled Juanita Brown v. Alford Wayne Brown, Jr.,
Case No. 05WY -CCOOO16 (hereinafter referred to as the "Lawsuit"). In her Petition for Damages,
defendant Juanita Brown claims personal or bodily injury damages against Alford Wayne Brown Jr. as a result of an incident that occurred on January 9, 2004 (a copy of plaintitrs Petition for
Damages is attached hereto as Exhibit "A" and incorporated herein by reference).
5. Farm Bureau issued an insurance policy to Wayne and Juanita Brown) identified as
Policy No. PRO 0010856, with original policy period of February 21,2003 to February 21, 2004 (a
copy of said insurance policy is attached hereto as Exhibit "B" and incorporated herein by reference).
6. Defense of the Lawsuit was tendered by Alford W. Brown, Jr. to Farm Bureau
pursuant to Policy No. PRO 0010856.
7. Farm Bureau is providing a defense of the Lawsuit filed by defendant Juanita Brown
under a reservation of rights whereby Farm Bureau has fully reserved its rights to deny or disclaim
that liability insurance coverage is available with respect to the claims asserted in the Lawsuit.
8. Fann Bureau contends that it has no legal obligation under the terms of Policy No.
PRO 0010856 issued to Wayne and Juanita Brown to provide liability insuranc.e coverage, including
a defense and indemnity, with regard to the claims asserted by Juanita Brown in the Lawsuit for
several reasons, including, but not limited to, the following:
a. The Farm Bureau Protector policy contains the following coverage agreement, subject to all the provisions, terms, conditions and exclusions in the policy:
LIABILITY COVERAGES-SECTION II
COVERAGE F-PERSONAL LIABILITY
We will pay all sums arising out of anyone loss caused by accident, which any insured becomes legally obligated to pay as damages because of bodily injury or property damage covered by this policy.
Farm Bureau Protector policy, p. 15.
b. The Fann Bureau Protector policy contains the following exclusion from liability insurance coverage:
EXCLUSIONS-SECTION II
Under Coverage F (Personal Liability) we do not cover:
6. Bodily injury to any insured.
Farm Bureau Protector policy, p. 17.
The policy defines insured as follows:
6. Insured-means you and the following residents of your household:
a. Your relatives.
b. Any other person under the age of 21 who is in the care of any person named above.
c. If you die> the person having proper temporary custody of covered property replaces you as the named insured. This applies only to insurance on covered property and legal liability arising out of that property. If you die, any person who is a insured continues to be an insured while residing on the insured premises.
Each person described within this definition is a separate insured under this policy. This does not increase our limit of liability.
Under Personal Liability and Medical Payments Coverage, insured also means:
d. With respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or watercraft which are owned by you or any person included in (6.a.) or (6.b.). A person or organization using or having custody of these animals or watercraft in the course of any business, or without pennission of the owner is not an insured.
e. With respect to any motor vehicle to which this policy appliest any person working for you Or any person included in (6.a.) or (6.b.).
Fann Bureau Protector Policy, p. 2.
The policy defines "you" as follows:
Throughout this policy, you and yours refer to the named insured.
Farm Bureau Protector Policy, p. 2.
9. At the time of the injuries which are alleged to have occurred on January 9, 2004l
Juanita Brown was a named insured under the above-referenced insurance policy. Thus, any claims
which have been or may be asserted by Juanita Brown in the Lawsuit are excluded from any liability
insurance coverage otherwise available by reason of the above-referenced exclusion from liability coverage.
10. There exists between plaintiff and defendants an actual and justiciable controverSYt
real and immediate, capable of and ripe for determination by declaratory judgment by this Court; and
pursuant to §527.010, et seq., RSMo. and Missouri Supreme Court Rule 87, this Court should
detennine the afotl..--said controversy and declare the legal rights, duties and obligations of the parties.
11. This Court should specifically detennine and declare by final judgment that Farm
Bureau is not obligated to provide liability insurance coverage under Policy No. PRO 00 t 0856 for 
 the claims of Juanita Brown, as alleged in Case No. 05WY-CC00016, including that Farm Bureau is not legally obligated to provide indemnity to Alford W. Brown, Jr. under Policy No. PRO 00 1 0856 for said claims.
12. Farm Bureau has no other adequate remedy to protect its rights and obtain a
declaration of the respective rights and obligations ofthe pa:J1ies except by this action for declaratory judgment.
WHEREFORE, plaintiff Farm Bureau Town & Country Insurance Company of Missouri prays that the CoW1 enter a judgment declaring the legal rights and obligations of the parties, including, but not limited to, declaring:
a. That there is no liability insurance coverage available under Policy No. PRO 0010856 for the claims of defendant Juanita Brown, as set forth in the Lawsuit filed in the Circuit Court of Wayne County, Case No. 05WY~ CCOOOI6;
b. That plaintiff Farm Bureau is not legally obligated to indemnify Alford W.
Brown, Jr. in the event a judgment is entered against him with regard to the aforesaid claims asserted by defendant Juanita Brown in Case No. 05WYCC00016;
c. That plaintiff Fann Bureau is not legally obligated to provide a defense for Alford W. BrOM}, Jr. with regard to the aforesaid claims asserted by defendant Juanita Brown in Case No. 05WY-CC00016; and
d. For such further relief as the Court deems just and proper.
By: Dana L. Frese #34646  515 E. High Street P.O. Box 28
Jefferson City, MO 65102 (573) 636-2177  (573) 636-7119 fax 
Attorneys for Plaintiff

(Alford Browns Answer)
STATE OF MISSOURI
FILED    Nov 22 2006
IN THE CIRCUIT COURT OF WAYNE COUNTY, MISSOURI
JUANITA BROWN and ALFORD W. BROWN, JR., 
Case No. 06W4-CVOO24
VS.

FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY

Defendants.
COMES NOW Defendant Alford W. Brown, Jr.. by and through his arrorney. Robert M . Ramshur, of RAMSHUR LAW OFFICE, P .C., and for his Separate answer to the Petition for Declaratory Judgment, states:
1. This Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averment contained in Paragraph 1.
2  This Defendant admits the allegations contained in Paragraphs 2. 3. 4, 5, 6 and 7 of the Petition.
3. This Defendant denies the allegations contained in Paragraphs 8. 9, 10, 11 and 12 of the Petition.
WHEREFORE, having fully answered, Defendant Alford Brown, Jr., prays that the relief
sought by Plaintiff be denied, for his attorney fees and Costs and for such other relief as the Court deems just and proper.
Robert M. Ramsur  100 North Main Street Piedmont, MO 63957
Telephone: 573-223-4213 Facsimile: 573-223-4974
ATTORNEY FOR DEFENDANT ALFORD W. BROWN, JR. 


(Juanita Browns Answer)
STATE OF MISSOURI  
IN THE CIRCUIT COURT OF WAYNE COUNTY, MISSOURI
FARM BUREAU TOWN & COUNTRY )
INSURANCE COMPANY OF MISSOURI,
Plaintiff,
Case No. 06W4-CV00224
VS

JUANITA BROWN and ALFORD W. BROWN, JR.,
Defendants.
ANSWER Of DEFENDANT JUANITA BROWN
COMES NOW Defendant Juanita Brown. by and through her attorney. Mark A. Kennedy, of the law firm of Kennedy, Kennedy & Robbins, LC, Attorneys and Counselors at Law, and for her Answer to the Petition For Declaratory Judgment filed herein by the
Plaintiff, states the following:
1. The assertion in Paragraph 1 of Plaintiffs Petition is unknown to this Defendant
and therefore this Defendant demands strict proof thereof.
2. Defendant Juanita Brown admits Paragraphs 2, 3, 4, 5 and 6 of Plaintiffs Petition.
3. This Defendant has no particular knowledge of the allegations made in Paragraphs 7, 8, sub-paragraphs a and b of Paragraph 8, 9, 10 and 11 and therefore denies the same.
4. Defendant Juanita Brown denies Paragraph 12 of Plaintiffs Petition. 
WHEREFORE, having fully answered, Defendant Juanita Brown prays that the relief sought by Plaintiff's Petition be denied; for her attorney's fees and costs necessarily incurred herein; and for such other and further relief as the Court deems just and proper
in the premises.
Respectfully submitted.
KENNEDY, KENNEDY & ROBBINS, LC
Mark A. Kennedy 1165 Cherry Street
P. O. Box 696
Poplar Bluff, MO 63902 Telephone: (573) 686-2459 Telefax: (573) 686-7822