Legal Opinion

Walden v. Smith

Missouri Court of Appeals

Decided April 15, 2014No. WD 75982PublishedCited by 11 opinions

1Opinion of the Court

CYNTHIA L. MARTIN, Judge.

Cindy Walden (“Walden”) appeals from the trial court’s entry of summary judgment in favor of American Family Mutual Insurance Company (“American Family”). The trial court found that Walden’s American Family automobile policies did not afford uninsured motorist coverage for injuries Walden sustained when a dog bit her through an open window of a vehicle because her injuries did not “arise out of the use” of the vehicle. We affirm.

Factual and Procedural Background

On September 28, 2006, Walden, an employee at a bar and grill in Gladstone, Missouri, was walking to her…

2Cases cited41 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  3. Oates v. Safeco Insurance Co. of AmericaSupreme Court of Missouri · 1979
  4. Seeck v. Geico General Insurance Co.Supreme Court of Missouri · 2007
  5. Associated Independent Dealers, Inc. v. Mutual Service Insurance CompaniesSupreme Court of Minnesota · 1975

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3Cited by11 opinions

  1. Ripal Patel v. LM General Insurance CompanyCourt of Appeals for the Eighth Circuit · 2019
  2. Great Am. Alliance Ins. Co. v. Windermere Baptist Conference Ctr., Inc.Court of Appeals for the Eighth Circuit · 2019
  3. Allstate Insurance v. StaibAppellate Division of the Supreme Court of the State of New York · 2014
  4. Allstate Insurance v. StaibAppellate Division of the Supreme Court of the State of New York · 2014
  5. American Family Mutual Insurance Company, S.I. v. SimerlDistrict Court, E.D. Missouri · 2025

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