Legal Opinion

State Farm Fire & Casualty Co. v. Alberici

Missouri Court of Appeals

Decided April 20, 1993No. 62375PublishedCited by 6 opinions

1Opinion of the Court

GRIMM, Judge.

State Farm appeals the dismissal of its petition for declaratory judgment, raising four points of error. Its petition did not state a claim upon which relief can be granted; we affirm.

I. Background

On June 28, 1990, insured shot victim, causing serious bodily injury. In 1991, victim sued insured for damages. His petition included three counts. Count I sought damages for assault and battery; it alleged insured “intentionally, willfully and wantonly” shot victim “with a large bore handgun.” Count II, sought punitive damages, and Count III, damages for negligence.1

In 1992, State Farm…

2Cases cited9 opinions

  1. STATE EX INF. RIEDERER v. CollinsMissouri Court of Appeals · 1990
  2. Farmers Alliance Mutual Insurance Co. v. ReedMissouri Court of Appeals · 1975
  3. Hardware Center, Inc. v. Parkedge Corp.Missouri Court of Appeals · 1981
  4. Vorbeck v. McNealMissouri Court of Appeals · 1977
  5. St. Paul Fire & Marine Insurance Co. v. Medical Protective Co. of Fort WayneMissouri Court of Appeals · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. American Economy Insurance Co. v. LedbetterMissouri Court of Appeals · 1995
  2. Elliott v. CarnahanMissouri Court of Appeals · 1995
  3. Farmers Ins. Co., Inc. v. MillerMissouri Court of Appeals · 1996
  4. City of St. Peters v. Concrete Holding Co.Missouri Court of Appeals · 1995
  5. Ward v. Bank Midwest, NAMissouri Court of Appeals · 1994

1 more not listed; retrieve them via the Exa API.

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