State Farm Fire & Casualty Co. v. Metcalf

Because of State Farm’s Point III relied on, I concur in the result.

In Point III State Farm correctly states that the party seeking a summary judgment has the affirmative burden of demonstrating that no genuine issue of material fact exists. Rule 74.04(c). See Earl v. State Farm Mut. Auto. Ins. Co., 820 S.W.2d 623, 624[1] (Mo.App.1991). State Farm is also correct in observing that the issue purportedly resolved by the trial court’s summary judgment, that is, whether or not State Farm acted in bad faith in failing to defend or settle the wrongful death action against its insured, is…