(Larry Lees Petition)
STATE OF MISSOURI
COUNTY OF REYNOLDS )
IN THE CIRCUIT COURT OF REYNOLDS COUNTY STATE OF MISSOURI
LARRY E. LEE, Plaintiff
Vs.

FARM BUREAU TOWN & COUNTRY  INSURANCE COMPANY OF MISSOURI. Defendant.
Serve: Director of Insurance
301 W. High Street, Room 630 Jefferson City, MO 65101
PETITION FOR DECLARATORY JUDGMENT
COMES NOW Plaintiff and for his Petition for Declaratory Judgment, states:

1. Plaintiff is a resident of Reynolds County, Missouri.
2. At all times mentioned herein, defendant was a corporation duly licensed to transact
insurance business in the State of Missouri, which business included the issuance and sale of
insurance contracts, with offices and agents for the transaction of such insurance business in
Reynolds County, Missouri.
3. On or about May 19, 2003, Plaintiff was driving a motor vehicle northbound on
Missouri Highway 49, 3.7 miles south of its intersection with Missouri Highway 32, when he
came over the crest of the hill and found Jeremiah James Maize flk/a Jeremiah James Goesman
(hereinafter "Maize") improperly backing his motor vehicle on the highway, causing a collision
of the two vehicles (hereinafter "the Accident").
4. Plaintiff has brought an action against Maize for the injuries inflicted by Maize.
5. Plaintiff has attached hereto a true and accurate copy of the Petition. now pending in the Circuit Court of Reynolds County, Missouri. Cause No. 06RE-CC00005, marked Exhibit 1.
6. At the time of the Accident, the vehicle being driven by Maize was an insured vehicle under an automobile insurance policy (hereinafter "the Policy'') issued by the Defendant to Shelly Chandler (hereinafter "the Insured") (a copy of Defendant's said Policy is attached hereto marked Exhibit 2 and made a part hereof by reference).
7. Under the terms of the Policy a "family member" of the Insured was provided coverage for bodily injuries up to policy limits in the amount of $50,000.00.
8. The term '"means a person related to you (the Insured] by blood, marriage, .. _ who is a resident of your household ... " Definitions, (F.)
9. At the time of the Accident, Maize was residing with the Insured and was the father of two children with the Insured and, therefore, related to the Insured by blood, and provided coverage under the Policy for bodily injury in the amount of $50,000.00.
10. As a result of the Accident, and Maize's negligence in causing the Accident, Plaintiff suffered injuries to his neck, right arm, and shoulder, left hand, and both legs. Plaintiff has incurred medical expenses in the approximate amount of $56,240.00 and lost wages in excess of $51,460.00.
11. Defendant has refused to tender the Policy limits of 50,000.00 in settlement of the claim against Maize. taking the position that he is not a family member of the Insured.
WHEREFORE, Plaintiff prays that this Court enter its judgment declaring that Maize is a
family member of the Insured who is provided. coverage for bodily injuries under the Policy in
the amount of $50,000.00 and grant such other and further relief as may be just and proper.
COOPER & HOENER, P. C.
Bertram Cooper, MBE#25242 Kurt C. Hoener, MBE#33546 720 Olive, Suite 1600
St. Louis, MO 63101
(314) 436-3400
(314) 436-2002 FAX, Attorneys for Plaintiff

(Farm Bureaus answer)
IN THE CIRCUIT COURT OF REYNOLDS COUN'I'Y, MISSOURI
Case No. 06RE-CC00021
LARRY E. LEE, Plaintiff,
v.
FARM BUREAU TOWN &: COUNTRY INSURANCE CO. OF MISSOURI
and WESTERN AGRICULTURAL INSURANCE COMPANY, Defendants . 
ANSWER OF WESTERRN AGRICULTURAL INSURANCE COMPANY TO FIRST AMENDED PETITON FOR DECLARATORY JUDGMENT
Comes now the Defendant, Western Agricultural Insurance Company, by and
through its attorneys, Spain, Miller and Spain, LLC. and in answer to the Plaintiff's First
Amended Petition for Declaratory Judgment, states to the Court as follows:
1. Lacks sufficient knowledge to admit or deny the allegations contained in
paragraph one and therefore denies same.
2. Admits the allegations contained in paragraph two,
3. Lacks sufficient knowledge to admit or deny the allegations contained in
paragraph three and therefore demes same.
4. In response to paragraph four, Defendant admits that Plaintiff has filed a
lawsuit against Jeremiah James Maize for injuries allegedly sustained in the automobile
accident but denies the remaining allegations contained in paragraph four.
5. Admits the allegations contained in paragraph five.
6. In response to paragraph six, Defendant admits that the vehicle being
dIiven by Jeremiah James Maize was insured by a policy of automobile insurance issued
by Defendant Western Agricultural Insurance Company to Shelly Chandler but denies that the policy attached to the Plaintiff's Petition as Exllibit 2 is a complete copy of said policy.
7. In response to paragraph seven, admits that a "family member" (as defined
by the Western Agricultural Insurance Company policy) of the named insured is provided with liability coverage for bodily injuries up to the policy limits of said policy in the amount of $50,000 per person.
a. In response to paragraph eight, admits that the term "family member" in
the Western Agricultural lnsurance Company policy is defined as a person related to the named insured by blood, maniage, or adoption who is a resident of the named insured's household.
9. In response to paragraph nine, lacks sufficient knowledge to admit or deny
whether Jeremiah James Maize was residing with the named insured and was the father of two children with the named insured and therefore denies same. Further responding to paragraph nine, Defendant states that Jeremiah James Maize was not entitled to $50,000 of bodily injury liability coverage evenifhe was living with the named insured and was the father of two children with the named insw'ed because he was still not a "family member" as defined by the Westem Agricultural Insurance Company policy.
10. Lacks sufficient knowledge to admit or deny the allegations contained in
paragraph ten and therefore deny same.
11. Denies the allegations contained in paragraph 11. 
12. Defendant admits that it has not offered $50,000 in settlement of the claim.
against Jeremiah James Maize because he was not a "famlily member" of the named
insured under the Western Agricultural Insurance Company policy.
13. Further answering, Defendant states that the Western Agricultural
Insurance Company policy states as follows at page 5:
The Limit of Liability will not exceed the Limit of Liability mandated by the applicable Financial Responsibility Law for:
2. Any person (other than you or any family member) using your covered auto ...
Since Jeremiah James Maize was not the named insured, the spouse of the named
insured, or a "family member" of the named insured, his liability coverage for the
automobile accident of May 19, 2003, is limited to $25,000 per person, the minimum
limits required by the Motor Vehicle Financial Responsibility Law of Missouri.
WHEREFORE I having fully answered, Defendant Western Agricultural Insurance
Company prays judgment in its favor, for its costs expended herein, and for such other
and further relief as the Court may deem just and proper. 
Spain, Miller & Spain, LLC Attorneys at Law
1912 Big Bend, Post Office Box 1248
Poplar Bluff, MO 63902-1248  573-686-5868 (telephone) 573-686-6885 (facsimile) sDs@smm-Iaw.com (e-mail)
ATTORNEYS FOR DEFENDANT WESTERN AGRICULTURAL INS. CO.



(court actions filed in this case)
42nd Judicial Circuit (Dent, Crawford, Iron, Reynolds & Wayne Counties)
06RE-CC00021 - LARRY E LEE V WESTERN AGRICULTURAL INSURANCE CO
This information is provided as a service and is not considered an official court record.
Displaying 1 thru 31 of 31 dockets returned for case 06RE-CC00021.

09/22/2006 Docket Entry: Pet Filed in Circuit Ct

Docket Entry: Summons Issued-Circuit
Text: Document ID: 06-SMCC-720, for FARM BUREAU TOWN & COUNTRY INSURANCE;

10/10/2006 Docket Entry: Summons Personally Served
Text: Document ID - 06-SMCC-720; Served To - FARM BUREAU TOWN & COUNTRY INSURANCE; Server - SO COLE COUNTY-JEFFERSON CITY; Served Date - 04-OCT-06; Served Time - 10:35:00; Service Type - Sheriff Department; Reason Description - Served

10/13/2006 Docket Entry: Notice
Text: NOTICE OF REJECTION OF SERVICE filed this date by Missouri department of Insurance.

Docket Entry: Request Filed
Text: Motion for Alias Summons filed.
Filing Party: HOENER, KURT C

Docket Entry: Summons Issued-Circuit
Text: Document ID: 06-SMCC-780, for MISSOURI FARM BUREAU TOWN AND COUNTRY INSURANCE CO;

10/30/2006 Docket Entry: Summons Personally Served
Text: Document ID - 06-SMCC-780; Served To - MISSOURI FARM BUREAU TOWN AND COUNTRY INSURANCE CO; Server - SO COLE COUNTY-JEFFERSON CITY; Served Date - 19-OCT-06; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served Attorney, Kurt C. Hoener notified of service by copy of this entry.

11/09/2006 Docket Entry: Entry of Appearance Filed

Docket Entry: Motion to Dismiss
Filing Party: FRESE, DANA LEE

Docket Entry: Notice
Filing Party: FRESE, DANA LEE

Docket Entry: Hearing Scheduled
Associated Docket Entries: 12/08/2006 - Hearing Held
Cause called. No appearance by Plantiff. Ms. Booker appears. No appearance by Respondent. Defendant. Court notes multiple filings had in this cause that where probably numbered wrong and should have been filed in 05RE-CC00005 Lee vs. Maize, however the clerk appropriately filed based upon case numbers. Counsel of record suggested to review their filing to as certain whether same are in the proper files. Cause to be on docket June 7, 2007 for review.
Associated Events: 12/08/2006 , 09:01:00 - Hearing

12/08/2006 Docket Entry: Hearing Held
Text: Cause called. No appearance by Plantiff. Ms. Booker appears. No appearance by Respondent. Defendant. Court notes multiple filings had in this cause that where probably numbered wrong and should have been filed in 05RE-CC00005 Lee vs. Maize, however the clerk appropriately filed based upon case numbers. Counsel of record suggested to review their filing to as certain whether same are in the proper files. Cause to be on docket June 7, 2007 for review.
Associated Docket Entries: 11/09/2006 - Hearing Scheduled

Associated Events: 12/08/2006 , 09:01:00 - Hearing

Docket Entry: Filing:
Text: Stipulation Filed.

12/20/2006 Docket Entry: Case Review Scheduled
Associated Docket Entries: 06/07/2007 - Case Review Held
Cause called. No appearance by Plaintiff. Defendant appears by counsel, Jim Spain. Cause passed to August 27, 2007, for receipt of Motion For Summary Judgment. Clerk to notify counsel for Plaintiff of the entry made this date.
Associated Events: 06/07/2007 , 09:01:00 - Case Review

01/09/2007 Docket Entry: Answer Filed
Text: Answer of Western Agricultural Insurance Company to First Amended Petition For Declaratory Judgment filed by Attorney, Samuel P. Spain this date.

01/23/2007 Docket Entry: Motion to Dismiss
Text: Motion to Dismiss 1st Amended Petition fro Declaratory Judgment filed.
Filing Party: FRESE, DANA LEE

01/24/2007 Docket Entry: Mot for Leave to File Out/Time
Text: PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED PETITION FOR DECLARATORY JUDGMENT filed.
Filing Party: HOENER, KURT C

Docket Entry: Notice

Docket Entry: Amended Motion/Petition Filed
Text: SECOND AMENDED PETITION FOR DECLARATORY JUDGMENT filed.

Docket Entry: Motion Hearing Scheduled
Associated Docket Entries: 02/01/2007 - Motion Hearing Held
Cause called. Plaintiff appears by counsel, Kurt Hoener. No other appearances. Court takes up Motion For Leave To File Second Amended Petition and sustains same. Same Order filed today's date. Court notes that Farm Bureau Insurance Missouri is not a named party therein accordingly Motion To Dismiss the Farm Bureau Insurance Missouri is sustained without prejudice. Service to issue on Second Amended Petition. Cause to be on the docket June 7, 2007, for review. Clerk to notify Dana Frese of the entry made this date.
Associated Events: 02/01/2007 , 09:01:00 - Motion Hearing

01/29/2007 Docket Entry: Answer Filed
Text: Answer Of western Agricultural Insurance Company to Second Amended Petition For Declaratory Judgment filed by Attorney, Samuel Spain this date.

01/30/2007 Docket Entry: Filing:
Text: Faxed LETTER filed.

02/01/2007 Docket Entry: Motion Hearing Held
Text: Cause called. Plaintiff appears by counsel, Kurt Hoener. No other appearances. Court takes up Motion For Leave To File Second Amended Petition and sustains same. Same Order filed today's date. Court notes that Farm Bureau Insurance Missouri is not a named party therein accordingly Motion To Dismiss the Farm Bureau Insurance Missouri is sustained without prejudice. Service to issue on Second Amended Petition. Cause to be on the docket June 7, 2007, for review. Clerk to notify Dana Frese of the entry made this date.
Associated Docket Entries: 01/24/2007 - Motion Hearing Scheduled

Associated Events: 02/01/2007 , 09:01:00 - Motion Hearing

02/02/2007 Docket Entry: Summons Issued-Circuit
Text: Document ID: 07-SMCC-82, for MAIZE, JEREMIAH J;

02/20/2007 Docket Entry: Summons Personally Served
Text: Document ID - 07-SMCC-82; Served To - MAIZE, JEREMIAH J; Server - SO REYNOLDS CO-CENTERVILLE; Served Date - 17-FEB-07; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served

05/22/2007 Docket Entry: Stipulation Filed
Text: STIPULATION OF FACTS filed.
Filing Party: SPAIN, SAMUEL P.

06/01/2007 Docket Entry: Judge/Clerk - Note
Text: Copy of Petition, Amended Petition, and Answer to both faxed with bill attached this date.

06/07/2007 Docket Entry: Case Review Held
Text: Cause called. No appearance by Plaintiff. Defendant appears by counsel, Jim Spain. Cause passed to August 27, 2007, for receipt of Motion For Summary Judgment. Clerk to notify counsel for Plaintiff of the entry made this date.
Associated Docket Entries: 12/20/2006 - Case Review Scheduled

Associated Events: 06/07/2007 , 09:01:00 - Case Review

06/14/2007 Docket Entry: Case Review Scheduled
Associated Docket Entries: 08/27/2007 - Case Review Held
Cause called. Plantiff appears by counsel, Kurt Hoener. Defendant appears by counsel, Samuel Spain. Cause taken under submission for ruling on motion for summary of judgement. Cause to be on docket October 16, 2007 for ruling.
Associated Events: 08/27/2007 , 09:01:00 - Case Review

08/27/2007 Docket Entry: Case Review Held
Text: Cause called. Plantiff appears by counsel, Kurt Hoener. Defendant appears by counsel, Samuel Spain. Cause taken under submission for ruling on motion for summary of judgement. Cause to be on docket October 16, 2007 for ruling.
Associated Docket Entries: 06/14/2007 - Case Review Scheduled

Associated Events: 08/27/2007 , 09:01:00 - Case Review

08/31/2007 Docket Entry: Case Review Scheduled
Associated Events: 10/16/2007 , 09:01:00 - Case Review


Displaying 1 thru 31 of 31 dockets returned for case 06RE-CC00021.


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