(Download) "Edward v. Billings and Antionette Billings V." by Court of Appeals of Missouri ~ eBook PDF Kindle ePub Free
eBook details
- Title: Edward v. Billings and Antionette Billings V.
- Author : Court of Appeals of Missouri
- Release Date : January 29, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
GARY M. GAERTNER, Presiding Judge Appellants, Edward V. Billings and Antionette Billings, appeal from a summary judgment order entered in favor of respondents, State Farm Mutual Automobile Insurance Company (State Farm) and The Prudential Insurance Company of America (Prudential). Appellants originally filed a petition for declaratory judgment, requesting the trial court to declare certain notice provisions contained in insurance policies issued by respondents violative of RSMo 379.203(1) (1986) and against public policy. Respondents then motioned for summary judgment. On appeal, appellants raise three points. They argue that the notice requirements in each respondent's insurance policy violate RSMo § 379.203(1) (1986) and are void as against public policy. They also allege that, even if the notice requirements are valid, Prudential's notice provision is inapplicable to the situation for which appellants seek recovery. Lastly, they maintain that, even if the notice provisions are not void, the trial court erred in rendering summary judgment in favor of respondents without making a further declaration of the rights of the parties. Finding appellants' contentions to be without merit, we affirm. The record reveals that on October 19, 1982, an automobile driven by Edward V. Billings was forced off the road by another vehicle, and as a result Billings' automobile collided with a bridge abutment. The vehicle which forced Billings off the road left the scene of the accident without the driver identifying himself or the owner of the vehicle. Billings alleges that the accident caused him serious injury. He also claims that the accident is covered by insurance policies issued by State Farm and Prudential.