(Download) "James A. Markway and Barbara Markway v." by Western District Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: James A. Markway and Barbara Markway v.
- Author : Western District Court of Appeals of Missouri
- Release Date : January 25, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
James A. and Barbara Markway, husband and wife, filed suit to compel payment of uninsured motorist benefits in each of four
policies issued to them by State Farm Mutual Automobile Insurance Company (State Farm), and State Farm counterclaimed for
declaratory judgment. Mr. and Mrs. Markway appeal from summary judgment entered for State Farm on its declaratory judgment
counterclaim. The judgment is affirmed. The Markways assert two points on appeal. As their first point, they contest the court's enforcement of provisions in each
of the four insurance policies. One provision precludes amassing ("stacking") the four policies' uninsured motorist benefits.
The Markways also contest the provisions in each of the policies permitting State Farm to "offset" sums paid to Mr. Markway
as workers' compensation benefits against uninsured motorist coverage benefits. These contested provisions conform to Kansas
law. Missouri law, they contend, precludes "anti-stacking" of uninsured motorist benefits and precludes offsetting uninsured
motorist coverage benefits in the sum of workers' compensation benefits paid. The Markways, as their second point, assert
that certain provisions of the insurance policies conflict and that they are entitled to recover the total uninsured motorist
benefit of at least one policy even if Kansas law applies.
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