IN THE CIRCUIT COURT OF ST. CHARLES COUNTY CIRCUIT COURT DIVISION Cause No. 0611-CV08096
RONALD BUTLER, Plaintiff,
vs.
FARM BUREAU MUTUAL INSURANCE COMPANY Defendant.
PETITION FOR DAMAGES
COMES NOW Plaintiff, by and through counsel, and for his Petition for Damages states:
1. Defendant is an insurance company licensed to do business in the state of Missouri.
2. On or about February 25, 2005 Scott Pfautsch was operating a motor vehicle
eastbound on Highway 40/61 in St. Charles County, Missouri.
3. At the same time and place, the Plaintiff was operating a vehicle eastbbound on
Highway 40/61 in St. Charles County, Missouri
4. Scott Pfautsch drove his vehicle into the rear of the vehicle driven by plaintiff.
5. Scott Pfautsch was negligent in that:
a. he failed to keep' a careful lookout, and
b. he followed plaintiff s vehicle too closely, and
c. his vehicle collided with the rear of plaintiffs vehicle.
6. As a direct and proximate result of Scott Pfautsch's negligence, the plaintiff has
incurred or will incur the following damages:
a. Permanent and progressive injury to his hand, neck, right hip and low back.
b. Medical bills exceeding $30,000.
c. Pain and suffering which began on the date of the collision and will continue into the indefinite future.
d. Plaintiff will incur future medical bills.
7. Scott Pfautsch was insured under a policy issued by American Family Mutual Insurance Company for a limit of $100,000 for bodily injury.
9. Plaintiff and American Family Mutual Insurance Company have settled with
plaintiff for $100,000.00 for bodily injury, totaling the policy limit.
10. Plaintiffs damages exceed Scott Pfautch's policy limit.
11. Plaintiff is an insured under a policy issued by defendant policy number APV0321208-01 which provides underinsured motorist coverage to plaintiff.
12. The policy issued to plaintiff by defendant was in full force and effect on February 25, 2005.
13. The injuries sustained by the Plaintiff were caused by the fault of Scott Pfautsch, an underinsured motorist.
14. Plaintiffs damages exceed $25,000.00.
Wherefore Plaintiff prays for judgment against the defendant for such sums as are fair and reasonable.
JAMES & DREYER LAW OFFICES
IN THE CIRCUIT COURT OF ST. CHARLES COUNTY, MISSOURI
RONALD L. BUTLER,
Plaintiff,
v
FARM BUREAU MUTUAL INSURANCE COMPANY,
Defendant. Case No. 0611-CV08096
FEB 23 2007
ANSWER
COMES NOW defendant Farm Bureau Town & Country Insurance Company of Missouri
("Farm Bureau") (incorrectly denominated as Farm Bureau Mutual Insurance Company) and, for its
answer to plaintiff s Petition, states:
1. Defendant Farm Bureau admits that it is an insurance company licensed to transact
business in the state of Missouri but denies that its name is Farm Bureau Mutual Insurance
Company. Defendant's correct name is Farm Bureau Town & Country Insurance Company of
Missouri.
2. Defendant Farm Bureau is without sufficient knowledge or information to admit or
deny the allegations contained in paragraph 2 of plaintiff s Petition and, therefore, denies same.
3. Defendant Farm Bureau is without sufficient knowledge or information to admit or
deny the allegations contained in paragraph 3 of plaintiff s Petition and, therefore, denies same.
4. Defendant Farm Bureau is without sufficient knowledge or information to admit or
deny the allegations contained in paragraph 4 of plaintiff s Petition and, therefore, denies same.
5. Defendant Farm Bureau is without sufficient knowledge or information to admit or
deny the allegations contained in paragraph 5 of plaintiff s Petition (including all subparagraphs)
and, therefore, denies same.
6. Defendant Farm Bureau is without sufficient knowledge or information to admit or
deny the allegations contained in paragraph 6 of plaintiff s Petition and, therefore, denies same.
7. Defendant Farm Bureau admits that Scott Pfautsch was insured under an insurance
policy issued by American Family Mutual Insurance Company with a liability insurance coverage limit of $1 00,000 per person.
9 .(sic) Defendant Farm Bureau admits that plaintiff and American Family Mutual Insurance Company have settled plaintiff s claim against Scott Pfautsch in consideration for the payment by American Family of its $100,000 per person liability insurance limit.
10. Defendant Farm Bureau is without sufficient knowledge or information to admit or
deny the allegations contained in paragraph 10 of plaintiff s Petition and, therefore, denies same.
11. Defendant Farm Bureau admits that plaintiff is the named insured under a policy of
insurance issued by defendant Farm Bureau to Ron and Jan Butler, identified as Policy No. APV 0321208. Policy No. APV 0321208 provides underinsured motor vehicle coverage pursuant to the terms of the underinsured motor vehicle coverage endorsement and all other terms, conditions, provisions and exclusions contained in the insurance policy. Defendant Farm Bureau affirmatively states that no underinsured motor vehicle coverage is available for plaintiff s claim in that the motor vehicle operated by Scott Pfautsch at the time of the subject motor vehicle accident is not considered to be an "underinsured motor vehicle," as that term is defined in the Farm Bureau insurance policy.
The Farm Bureau insurance policy specifically provides:
UNDERlNSURED MOTOR VEHICLE
You have this coverage if UNDERINSURED MOTOR VEHICLE coverage is shown on the Automobile Declaration and the appropriate premium is paid. All definitions, duties, general agreements, conditions and provisions in the policy apply unless specifically modified by the language in this endorsement.
We will pay damages for bodily injury an insured is legally entitled to collect from the owner or operator of an underinsured motor vehicle. The bodily injury must be sustained by an insured and caused by accident arising out of the operation, maintenance or use of an underinsured motor vehicle.
THERE IS NO COVERAGE UNTIL THE LIMITS OF LIABILITY OF ALL BODILY INJURY LIABILITY BONDS AND POLICIES THAT APPLY HAVE BEEN USED UP BY PAYMENT OF JUDGMENTS OR SETTLEMENTS.
Underinsured Motor Vehicle - means a land motor vehicle:
1. the ownership, maintenance or use of which is insured or bonded for bodily injury liability at the time of the accident; and
2. whose limit of liability for bodily injury liability is less than the amount of the insured's limit of liability for this coverage.
Farm Bureau auto policy, p. 25.
As the motor vehicle operated by Scott Pfautsch at the time of the accident was insured under
a policy of liability insurance issued by American Family Insurance Company and which provided
liability insurance coverage in the sum of $1 00,000 per person, the motor vehicle operated by Mr.
Pfautsch is not considered to be an underinsured motor vehicle in that the limit of liability insurance
coverage available through American Family is not less than the limit of under in sured motor vehicle
coverage otherwise available under Policy No. APV 0321208.
12. Defendant Farm Bureau admits the allegations in paragraph 12 of plaintiff's Petition
but asserts that no underinsured motor vehicle coverage is available for plaintiff with respect to the
claim presented for the reasons noted in paragraph 11 above.
13. Defendant Farm Bureau is without sufficient knowledge or information to admit or
deny that the injuries allegedly sustained by plaintiff were caused by the fault of Scott Pfautsch and,
therefore, denies same. Defendant Farm Bureau denies that Scott Pfautsch is an "underinsured
motorist" for the reasons noted in paragraph 11 above.
14. Defendant Farm Bureau is without sufficient knowledge or information to admit or
deny the allegations contained in paragraph 14 of plaintiff's Petition and, therefore, denies same.
15. In further answer and by way of affirmative defense, defendant Farm Bureau states
that plaintiff's Petition fails to state a cause of action upon which relief can be granted in favor of
plaintiff and against defendant Farm Bureau.
16. In further answer and by way of affirmative defense, defendant Farm Bureau
affirmatively states that no underinsured motor vehicle coverage is available for plaintiff's claim in
that the motor vehicle operated by Scott Pfautsch at the time of the subject motor vehicle accident
is not considered to be an "underinsured motor vehicle," as that term is defined in the Farm Bureau
insurance policy.
The Farm Bureau insurance policy specifically provides:
UNDERINSURED MOTOR VEHICLE
You have this coverage if UNDERINSURED MOTOR VEHICLE coverage is shown on the Automobile Declaration and the appropriate premium is paid. All definitions, duties, general agreements, conditions and provisions in the policy apply unless specifically modified by the language in this endorsement.
We will pay damages for bodily injury an insured is legally entitled to collect from the owner or operator of an underinsured motor vehicle. The bodily injury must be sustained by an insured and
caused by accident arising out of the operation, maintenance or use of an underinsured motor vehicle.
THERE IS NO COVERAGE UNTIL THE LIMITS OF LIABILITY OF ALL BODILY INJURY LIABILITY BONDS AND POLICIES THAT APPLY HAVE BEEN USED UP BY PAYMENT OF JUDGMENTS OR SETTLEMENTS.
Underinsured Motor Vehicle - means a land motor vehicle:
1. the ownership, maintenance or use of which is insured or bonded for bodily injury liability at the time of the accident; and
2. whose limit of liability for bodily injury liability is less than the amount of the insured's limit of liability for this coverage.
Farm Bureau auto policy, p. 25.
As the motor vehicle operated by Scott Pfautsch at the time of the accident was insured under
a policy of liability insurance issued by American Family Insurance Company and which provided
liability insurance coverage in the sum of $100,000 per person, the motor vehicle operated by Mr.
Pfautsch is not considered to be an underinsured motor vehicle in that the limit of liability insurance
coverage available through American Family is not less than the limit of under insured motor vehicle
coverage otherwise available under Policy No. APV 0321208.
17. Defendant Farm Bureau denies all allegations contained in plaintiffs Petition not
specifically admitted herein.
WHEREFORE, defendant Farm Bureau Town & Country Insurance Company of Missouri
(incorrectly denominated as Farm Bureau Mutual Insurance Company) respectfully requests an order
of the Court dismissing plaintiff s Petition; and for such further relief as the Court deems just and
proper.
CARSON & COIL, P.C.
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 Defendant
Certificate of Service
The undersigned hereby certifies that a true and complete copy of the foregoing was sent this 8th day of February, 2007, by mailing same via United States mail, first class postage prepaid, to:
Shelly Dreyer
James & Dreyer Law Offices
14 Richmond Center Court St. Peters, MO 63376
(court actions filed in this case)
11th Judicial Circuit (St. Charles County)
0611-CV08096 - RONALD BUTLER V FARM BUREAU MUTUAL INSURANCE CO
This information is provided as a service and is not considered an official court record.
Displaying 1 thru 12 of 12 dockets returned for case 0611-CV08096.
11/16/2006 Docket Entry: Pet Filed in Circuit Ct
Text: PETITION FOR DAMAGES, FILED. TMV
Filing Party: BUFF DREYER, SHELLY C
Docket Entry: Order
Text: ORDER ASSIGNING CASE TO JUDGE JON A CUNNINGHAM FOR TRIAL ON THE RECORD UNDER THE PRACTICE AND PROCEDURE APPLICABLE BEFORE CIRCUIT JUDGES. JUDGE JOSEPH R BRISCOE, PRESIDING JUDGE. TMV
11/17/2006 Docket Entry: Summons Issued-Circuit
Text: Document ID: 06-SMOS-234, for FARM BUREAU MUTUAL INSURANCE COMPANY; RETURNED TO ATTORNEY FOR FORWARDING TO PROPER SHERIFF. TMV
11/27/2006 Docket Entry: Filing:
Text: CONSENT TO MEDIATION FORM RETURNED WITH "WE BELIEVE THAT MEDIATION WOULD BE HELPFUL IN THIS CASE AND CONSENT TO THE REFERRAL OF THE CASE TO MEDIATION UPON THE FILING OF SIMILAR CONSENTS BY ALL OTHER PARTIES IN THE CASE", FILED. TRH
Filing Party: BUFF DREYER, SHELLY C
01/10/2007 Docket Entry: Correspondence Filed
Text: CORRESPONDENCE FROM PLAINTIFF'S ATTORNEY REQUESTING AN ALIAS SUMMONS TO BE SERVED ON DEFENDANT, DUE TO THE PREVIOUS SUMMONS BEING SERVED ON THE WRONG ENTITY, FILED. TRH
Filing Party: BUFF DREYER, SHELLY C
01/11/2007 Docket Entry: Summons Issued-Circuit
Text: Document ID: 07-SMCC-91, for FARM BUREAU MUTUAL INSURANCE COMPANY; RETURNED TO ATTORNEY FOR FORWARDING TO PROPER SHERIFF. TRH
Docket Entry: Return Service - Other
Text: Document ID - 06-SMOS-234; Served To - FARM BUREAU MUTUAL INSURANCE COMPANY; Server - ; Served Date - 13-DEC-06; Served Time - 13:25:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - SERVED TO FARM BUREAU MUTUAL INSURANCE COMPANY, C/O JAMES PUGH, FILED. TRH
02/08/2007 Docket Entry: Return Service - Other
Text: Document ID - 07-SMCC-91; Served To - FARM BUREAU MUTUAL INSURANCE COMPANY; Server - ; Served Date - 01-FEB-07; Served Time - 15:55:00; Service Type - Sheriff Department; Reason Description - Served
02/23/2007 Docket Entry: Answer Filed
Text: DEFENDANT'S ANSWER TO PLAINTIFFS' PETITION, FILED. TRH
Filing Party: FRESE, DANA LEE
07/25/2007 Docket Entry: Certificate of Service
Text: OF PLAINTIFFS AMENDED PETITION BY INTERLINEATION AND PLAINTIFFS INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FILED. CAA
Filing Party: BUFF DREYER, SHELLY C
Docket Entry: Amended Motion/Petition Filed
Text: PLAINTIFFS AMENDED PETITION BU INTERLINEATION FILED. CAA
Filing Party: BUFF DREYER, SHELLY C
08/13/2007 Docket Entry: Answer Filed
Text: DEFENDANTS' ANSWER TO PLAINTIFFS' AMENDED PETITION, FILED. TRH
Filing Party: FRESE, DANA LEE
Displaying 1 thru 12 of 12 dockets returned for case 0611-CV08096.