Diane Rister and Kristi Lynn Rister v. Book Reviews

Diane Rister and Kristi Lynn Rister v. by Southern District, Division Three Missouri Court of Appeals Book Summary

Ricky Rister was killed when the pickup truck in which he was a passenger collided with a gasoline transport. The plaintiffs are his widow and minor children. They are insureds under the uninsured motor vehicle provisions of two policies issued by State Farm Mutual Insurance Company (State Farm). The plaintiffs recovered a judgment against State Farm under that coverage in the amount of $40,000. State Farm's appeal presents a unique question. One of the policy definitions of uninsured motor vehicle is a motor vehicle insured . . . for bodily injury liability . . . but the insuring company denies coverage or is or has become insolvent. The question is whether or not that definition is applicable when the insurer under a liability policy pertaining to the pickup initially declined coverage, but before the judgment entered into an agreed settlement with the plaintiffs for $35,000. The following is a summary of the facts presenting that question. Ricky Rister, Bill Rister and George Rutledge were employed by Delta Paint and Drywall Company. On February 22, 1982 they were apparently on their way to work in the pickup owned by Delta and driven by Rutledge. The pickup collided with a gasoline transport owned by Wisdom Oil Company and driven by its employee Jerry Terry.

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