IN THE CIRCUIT COURT OF SCOTT COUNTY, MISSOURI
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
Plaintiff,                                                                       FILED  JUL 30 2007
v.
JAMES D. SWAIN,
Serve: 109 Melissa Street Sikeston, MO 63801
and
JOEL D. CRAWFORD, Serve: 304 Dorothy Sikeston, MO 63801
and
SONYA CRAWFORD, Serve: 304 Dorothy Sikeston, MO 63801
Defendants.
Case No. 0750-CV01767
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 James D. Swain is an individual residing in Sikeston, Missouri.
3. Defendant Joel D. Crawford is an individual residing in Sikeston, Missouri.
4. Defendant Sonya Crawford is an individual residing in Sikeston, Missouri.
5. Farm Bureau previously issued an insurance policy to James D. Swain, identified as
Policy No. APV 0351602, which provided liability insurance coverage for a 2001 Dodge Ram
pickup, subject to the terms, conditions and provisions set forth in the policy. Policy No. APV
0351602 lapsed for non-payment of premium effective November 30, 2006.
6. Defendant James D. Swain was involved in a motor vehicle accident occurring on
December 22, 2006 involving motor vehicles operated by James D. Swain and Joel D. Crawford.
On that same date, but after the motor vehicle accident, defendant Swain appeared at the Scott
County Farm Bureau agent's office seeking to reinstate his policy. His efforts to seek reinstatement
of the policy took place after the motor vehicle accident which had occurred earlier that day. The
county secretary advised Mr. Swain that, if the reinstatement premium was paid, the policy would
be reinstated effective 11: 10 a.m., which was after the motor vehicle accident which occurred at
approximately 9:25 a.m., and that the policy would provide no coverage for any claims arising from
the accident. Defendant Swain then paid the premium to reinstate the policy.
7. Defendants Joel D. Crawford and Sonya Crawford have asserted claims againstJames
D. Swain for personal injuries and other damages arising from the accident occurring on December 22,2006.
8. Farm Bureau contends that it has no legal obligation under the terms of Policy No.
APV 0351602 issued to James D. Swain to provide liability insurance coverage to James D. Swain
with regard to the claims asserted by Joel D. Crawford and Sonya Crawford as a result of the motor
vehicle accident for the following reason:
The Farm Bureau policy provides as follows:
6. Premium Payments
We agree to insure you based on your promise to pay all premiums when they are due. If you pay the premium when due, this policy provides insurance coverages in the amounts shown in the Declarations, subject to all other policy provisions. No insurance is afforded under this policy if payment of premium is not received by us by the due date. If any premium payment is made by check or electronic funds transfer and, for any reason, the check or electronic funds transfer is not honored by the bank on which it is written, no insurance is provided for any ofthe policy period covered by that payment.
Farm Bureau auto policy, p. 20.
As the insurance policy had lapsed for non-payment of premium effective November 30,
2006, and was not reinstated until after the motor vehicle accident occurring on December 22,2006,
the policy provides no liability insurance coverage for the claims asserted by the Crawfords.
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 §527.0l0, 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 0351602 for
the claims of Joel D. Crawford and Sonya Crawford against James D. Swain.
11. Farm Bureau has no other adequate remedy to protect its rights and obtain a
declaration of the respective rights and obligations ofthe 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 0351602 for the claims of Joel D. Crawford and Sonya Crawford against defendant James D. Swain as a result of the motor vehicle accident occurring on December 22,2006;
b. That plaintiff Farm Bureau is not legally obligated to indemnify defendant James D. Swain in the event a judgment is entered against him with regard to the aforesaid claims asserted by Joel D. Crawford and Sonya Crawford as a result of the motor vehicle accident occurring on December 22, 2006; and
c. For such further relief as the Court deems just and proper.
CARSON AND COIL, P.C. 
By: Dana L. Frese 515 High St. Jefferson City, Mo. 65102
and
BRADSHAW, STEELE, COCHRANE & BEREN
By: Matthew M. Mocherman 3 113 Independence
P.O. Box 1300 Cape Girardeau, MO 63702-1300 573-334-0555 573-334-2947 FAX
Attorneys for Plaintiff