(Farm Bureaus Petition)
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, MISSOURI                   JUL 09 2007  CASE #07WA-CC00330
FARM BUREAU TOWN & COUNTRY  INSURANCE COMPANY OF MISSOURI, 
Plaintiff,
v.
PHIL M. CHRISTOPHER, Serve: 10194 Dubay, Cadet, MO 63630
and
BERNARD PRICE,
Serve: 10178 Hammond Road Cadet, MO 63630
Defendants.
PETITION FOR DECLARATORY JUDGMENT
COMES NOW plaintiff Farm Bureau Town & Country Insurance Company of Missouri
("Farm Bureau") and, for its Petition for Declaratory Judgment, states:
1. Plaintiff Farm Bureau is a Missouri insurance corporation authorized to transact
business in the State of Missouri.
2. Defendant Phil M. Christopher is an individual residing in Washington County, Missouri.
3. Defendant Bernard Price is an individual residing in Washington County, Missouri.
4. Defendant Bernard Price filed a lawsuit against Phil M. Christopher in the Circuit
Court of Jefferson County, Missouri, in an action entitled Bernard Price v. Phil M Christopher,
Case No. 07JE-CC00049 (hereinafter referred to as the "Lawsuit"). In his Petition, defendant
Bernard Price claims personal or bodily injury damages against Phil M. Christopher as a result of
a motor vehicle accident that occurred on August 29,2006 (a copy of plaintiffs Petition is attached
hereto as Exhibit "A" and incorporated herein by reference). Bernard Price alleges that he was a
passenger in a 1995 Chevrolet S 1 0 pickup operated by Phil Christopher at the time of the accident.
The pickup was owned by Gloria and Ben Price.
5. At the time of the above-referenced accident, Phil Christopher was the owner of a
2002 Chevrolet S 1 0 pickup which he insured through The Insurance Company of the State of
Pennsylvania.
6. Farm Bureau issued an insurance policy to Joyce Christopher, identified as Policy No.
APV 004373616, insuring her 2000 Dodge Intrepid sedan, with an effective policy period of August
23,2006 to February 23,2007 (a copy of said insurance policy is attached hereto as Exhibit "B" and
incorporated herein by reference). Joyce Christopher is the mother of Phil Christopher.
7. Farm Bureau contends that it has no legal obligation under the terms of Policy No.
APV 0043736 16 issued to Joyce Christopher to provide liability insurance coverage to Phil M.
Christopher, including a legal defense and indemnity, with regard to the claim asserted by Bernard
Price in the Lawsuit for several reasons, including, but not limited to, the following:
a. The policy provides the following liability insurance coverage agreement, subject to all the terms,

conditions, provisions and exclusions contained in the policy:
PART A- LIABILITY COVERAGE
You have this coverage if it appears on the Automobile Declaration.
We will: 1. pay damages which an insured
a.
becomes legally liable to pay because of:
b. bodily injury to others, or
c. physical injury or damage to or destruction of tangible property including loss of its use, caused by accident resulting from the ownership, maintenance or use of your auto; and
2. defend any suit against an insured for such damages with attorneys hired and paid by us. We will not defend any suit after we have paid the applicable limit of our liability for the accident which is the basis of the lawsuit. We have no obligation to defend any claim which is not covered under this policy.
Farm Bureau auto policy, p. 4.
b. The policy defines "your auto" as follows:
Your Auto - means the auto or the vehicle described on the Automobile Declaration.
Farm Bureau auto policy, p. 2.
c. The policy also provides certain coverage for the use of other autos:
Coverage for the Use of Other Autos
The liability coverage extends to the use, by an insured, of a newly acquired auto, a temporary substitute auto or a non-owned auto.
Farm Bureau auto policy, p. 5.
d. The policy defines who is an "insured" with respect to the operation of a "non-owned auto" as follows:
When we refer to a non-owned auto, insured means:
1. the first person or entity named in the
d.
e.
Automobile Declaration;
2. his or her spouse;
3. their family members, provided the individual claiming coverage does not own or lease an auto;
4. any other person or organization which does not own or hire the auto but is liable for its use by one of the above persons or entities; provided the use of such non-owned auto is within the scope of consent of the owner of such auto.
Farm Bureau auto policy, p. 5.
e. The policy defines a "non-owned auto" as follows:
Non-owned Auto - means an auto not owned by or registered or leased in the name of, or furnished or available for the regular use of:
1. you, your spouse;
2. any family member unless at the time of the accident or loss;
a. the auto is or has within the last 30 days been insured for liability coverage; and
b. you, your spouse or a family member who does not own or lease such auto is the driver.
3. any other person residing in the same household as you, your spouse or any family member; or
4. an employer of you, your spouse or
any family member.
Non-owned Auto does not include an auto which is not in the lawful possession of the person operating it.
Farm Bureau auto policy, p. 1.
f The policy defines "family member" as follows:
Family Member - means a person related to you or
your spouse by blood, marriage or adoption who is primarily a resident of your household. This includes a ward or foster child. It includes your unmarried and unemancipated child away at school under the age of 25.
Farm Bureau auto policy, p. 1.
g. Phil Christopher is not considered to be an "insured" for liability insurance coverage under Policy No. APV 0043736 16 for his operation of the 1995 Chevrolet pickup at the time of the above-referenced accident. Phil Christopher is not considered to be a "family member" of Joyce Christopher, as that term is defined in the Farm Bureau policy. Even if Phil Christopher is determined to be a "family member" of Joyce Christopher (which Farm Bureau does not concede), Phil Christopher is still not considered to be an "insured" under Policy No. APV 0043736 16 with respect to his operation of the 1995 Chevrolet S 1 0 pickup involved in the motor vehicle accident as he owned a motor vehicle at the time of the accident.
9. There exists between plaintiff and defendants an actual and justiciable controversy,
real and immediate, capable of and ripe for determination by declaratory judgment by this Court; and
pursuant to §527.0IO, et seq., RSMo. and Missouri Supreme Court Rule 87, this Court should
determine the aforesaid controversy and declare the legal rights, duties and obligations of the parties.
10. This Court should specifically determine and declare by final judgment that Farm
Bureau is not obligated to provide liability insurance coverage under Policy No. APV 0043736 16
for the claim of Bemard Price against Phil M. Christopher, as alleged in Case No. 07JE-CC00049,
including that Farm Bureau is not legally obligated to provide a legal defense or indemnity to Phil
M. Christopher under Policy No. APV 0043736 16 for said claim.
11. Farm Bureau has no other adequate remedy to protect its rights and obtain a
declaration of the respective rights and obligations of the parties except by this action for declaratory judgment.
WHEREFORE, plaintiff Farm Bureau Town & Country Insurance Company of Missouri prays that the Court 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. APV 0043736 16 for the claim of Bernard Price against defendant Phil M. Christopher, as set forth in the Lawsuit filed in the Circuit Court of Jefferson County, Missouri, Case No. 07JE-CC00049;
b. That plaintiff Farm Bureau is not legally obligated to indemnify defendant Phil M. Christopher in the event a judgment is entered against him with regard to the aforesaid claim asserted by Bernard Price in Case No. 07JECC00049;
c. That plaintiff Farm Bureau is not legally obligated to provide a legal defense for defendant Phil M. Christopher with regard to the aforesaid claim asserted by Bernard Price in Case No. 07JE-CC00049;
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) 636-71 19 fax
Attorneys for Plaintiff 

(Answer of Bernard Price) 
IN THE CIRCUIT COURT OF THE COUNTY OF WASHINGTON STATE OF MISSOURI
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,  
Plaintiff, 
v. 
PHIL M. CHRISTOPHER  and  BERNARD M. PRICE,  
Defendants. 
Cause No.: 07W A-CC00330
ANSWER OF DEFENDANT BERNARD PRICE
COMES NOW Defendant Bernard Price and for his Answer to Plaintiff Farm Bureau
Town & Country Insurance Company of Missouri's Petition states that:
1. Defendant is without information sufficient to admit or deny the
allegations set forth in paragraph 1 of Plaintiffs Petition and, therefore, denies the same.
2. Defendant is without information sufficient to admit or deny the allegations set forth
in paragraph 2 and, therefore, denies the same.
3. Defendant admits the allegations set forth in paragraph 3 of Plaintiff s Petition.
4. Defendant is without information to admit or deny the allegation set forth in
paragraph 4 that Gloria and Ben Price owned of the 1995 Chevrolet S 1 0 pickup and, therefore,
denies the same. Defendant admits the remaining allegations set forth in paragraph 4 of
Plaintiff s Petition.
5. Defendant is without information sufficient to admit or deny the allegations set forth 
in paragraph 5 of Plaintiff s Petition and, therefore, denies the same.
6. Defendant is without information sufficient to admit or deny the allegations set forth in paragraph 6 of Plaintiff s Petition and, therefore, denies the same.
7. Defendant denies the allegations set forth in paragraph 7 of Plaintiffs Petition including, but not limited to, all allegations set forth in subparagraphs a-g of said paragraph 7. 8. Plaintiff has not included a paragraph number 8 in its Petition. To the extent that any portion of its Petition is determined to constitute paragraph number 8, Defendant denies the allegations set forth in paragraph 8 of Plaintiff s Petition.
9. Defendant is without information sufficient to admit or deny the allegations set forth in paragraph 9 of Plaintiff s Petition and, therefore, denies the same.
10. Defendant denies the allegations set forth in paragraph 10 of Plaintiff s Petition.
11. Defendant is without information sufficient to admit or deny the allegations set forth in paragraph 11 of Plaintiffs Petition and, therefore, denies the same.
12. Further answering and by way of affirmative defense, Defendant states that: (a) Phil M. Christopher is the natural son of Joyce C. Christopher;
(b) On August 29,2006, Phil M. Christopher was a primary resident of the household of Joyce C. Christopher;
(c) On August 29,2006, Phil M. Christopher was an insured under the terms of Plaintiff s insurance policy; and,
(d) Plaintiffs liability insurance policy No. APV 004373616 provides liability coverage to Phil M. Christopher for his operation of the 1995 Chevrolet S 1 0 pickup operated by him in the accident which is the subject of this case.
13. Further answering and by way of affirmati ve defense, Defendant states that: 
(a) The 1995 Chevrolet S 1 0 pickup operated by Phil M. Christopher at the time of this accident was a "Non-owned Auto", as defined under Plaintiffs policy of insurance;
(b) The 1995 Chevrolet SIO pickup being operated by Phil M. Christopher at the time of the accident was covered under liability insurance policies issued by Consumer's Insurance and The Insurance Company of the State of Pennsylvania;
(c) Plaintiffs policy No. APV 004373616 specifically provides that if a non-owned auto has other vehicle liability coverage on it, then Plaintiffs policy is excess over such insurance; and,
(d) By its terms, Plaintiff s liability policy is excess over the other liability insurance applicable to the 1995 Chevrolet S 1 0 pick-up operated by Phil M. Christopher in this accident and affords Phil M. Christopher coverage for this accident.
14. Further answering and by way of affirmative defense, Defendant states that the definition of "insured" set forth in number 3 of subpart d of paragraph 7 of Plaintiff s Petition is ambiguous when considered with the Plaintiffs other policy provisions; and, that said ambiguity must be construed against Plaintiff and in favor of coverage for Phil M. Christopher.
WHEREFORE, Defendant prays for judgment against Plaintiff Farm Bureau Town & Country Insurance Company of Missouri declaring that its Policy No. APV 0043736 16 provides liability coverage for the claims of Defendant Bernard Price against Phil M. Christopher and for such further relief as this Court deems just and proper. 
JOHN M. CICHELERO, P.C.
John M. Cichelero, #35982 8008 Carondelet, Suite 304 Clayton, MO 63105 (314) 863-1902
(314) 863-4449 FAX Attorney for Defendant