State Farm Fire and Cas. Co. v. Alberici
| Decision Date | 20 April 1993 |
| Docket Number | No. 62375,62375 |
| Citation | 852 S.W.2d 388 |
| Parties | STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff/Appellant, v. Richard Lee ALBERICI, and Michael S. Pierce, Defendants/Respondents. |
| Court | Missouri Court of Appeals |
Sam P. Rynearson, Kevin P. Schnurbusch, St. Louis, for plaintiff, appellant.
Jerry A. Klein, Carolyn L. Trokey, St. Louis, for defendants, respondents.
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.
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 filed a declaratory judgment action, naming insured and victim as defendants. It alleged (1) insured had a State Farm homeowner's insurance policy; (2) on June 28, 1990, insured shot victim; (3) victim has sued insured; 2 (4) the policy has liability and medical payments coverage; (5) injuries are covered when caused by an occurrence, but an occurrence requires an accident and the "injury inflicted by the insured was not an accident; " " (6) coverage is not extended for the "willful and malicious acts of an insured; " (7) victim's injuries were the result of the "willful and malicious acts" of insured; and (8) punitive damages are not covered by the policy. State Farm sought an "order declaring the rights and obligations of the parties, and declaring that there is no coverage under the policy of insurance issued by [State Farm] to [insured] as a result of the shooting of [victim]." In a separate motion, State Farm also moved to stay the underlying tort action.
Insured filed a motion to dismiss the action. His grounds for dismissal were (1) the action was premature, (2) the petition failed to state a cause of action upon which relief could be granted, and (3) the action was barred by laches.
The trial court sustained insured's motion to dismiss and overruled State Farm's motion for a stay. It did not give any reasons for its order. Accordingly, on appeal we assume the trial court dismissed State Farm's petition for one or more of the reasons set forth in insured's motion to dismiss. See Missouri Dep't of Social Servs. v. AGI-Bloomfield Convalescent Center, Inc., 682 S.W.2d 166, 167-68 (Mo.App.W.D.1984) (citing Vorbeck v. McNeal, 560 S.W.2d 245, 249 (Mo.App.E.D.1977)). We must affirm if any ground cited in the motion is valid. State ex inf. Riederer v. Collins, 799 S.W.2d 644, 647 (Mo.App.W.D.1990).
On appeal, State Farm asserts that the trial court abused its discretion in dismissing its petition because the "petition stated a cause of action for declaratory relief." We find that State Farm's petition did not state a cause of action; therefore, we do not reach State Farm's other points. 3
On a motion to dismiss a petition for declaratory judgment, the question is whether the facts pleaded along with any reasonable inferences therefrom show entitlement to a declaration of rights or status. Brewer v. Brewer, 575 S.W.2d 216, 217 (Mo.App.E.D.1978); Mercantile Trust Co. v. Chase Hotel, Inc., 510 S.W.2d 807, 809 (Mo.App.E.D.1974). State Farm's petition alone is considered. See Collins, 799 S.W.2d at 651 n. 6. We accept as true "all of the well-pleaded facts and their concomitant reasonable inferences, ignoring all conclusions." Teat v. Director of Revenue, 806 S.W.2d 754, 757 (Mo.App.W.D.1991).
Facts alleged in a petition for declaratory judgment must show three things: (1) a justiciable controversy between the parties; (2) the petitioner has a legally protectible interest at stake; and (3) the question posed is "appropriate and ripe for judicial resolution." AGI-Bloomfield, 682 S.W.2d at 168.
A review of State Farm's petition shows that State Farm did not allege facts showing a justiciable controversy. State Farm did not allege that insured claimed there was coverage or that he tendered the defense of the underlying action to State Farm. See St. Paul Fire & Marine v. Med. Protective Co., 675 S.W.2d 665, 667 (Mo.App.E.D.1984). Nor did it allege that it refused coverage, or that it agreed to defend insured under a...
To continue reading
Request your trial
-
American Economy Ins. Co. v. Ledbetter
...was coverage under the Colonial policy or tendered the defense of the underlying action to Colonial. See State Farm Fire and Casualty Co. v. Alberici, 852 S.W.2d 388, 389 (Mo.App.1993). Nor is there an allegation that Davis (or his legal representative) disagrees with Colonial's interpretat......
-
Elliott v. Carnahan, WD
...dismissal of a motion for declaratory judgment, we accept as true all well-pleaded facts and inferences. State Farm Fire & Casualty Co. v. Alberici, 852 S.W.2d 388, 389 (Mo.App.1993). In testing for sufficiency of a petition, we look to see whether the parties demonstrate an entitlement to ......
-
Cont'l W. Ins. Co. v. ASAP Hauling LLC
...Missouri Health Care Ass'n v. Attorney General of the State Missouri, 953 S.W.2d 617, 620 (Mo. banc 1997)); State Farm Fire & Cas. v. Aberici, 852 S.W.2d 388, 392 (Mo.App. 1993). As discussed above, ASAP assigned some rights to Krumm, providing Krumm with the requisite legally protectable i......
-
State Auto Prop. & Cas. Ins. Co. v. Evanston Ins. Co., 4:16-CV-1290-JAR
...on the facts pleaded. State ex rel. Petti v. Goodwin-Raftery, 190 S.W.3d 501, 504 (Mo. Ct. App. 2006); Farm Fire & Cas. Co. v. Alberici, 852 S.W.2d 388, 389 (Mo. Ct. App. 1993). The petition must state facts which support its allegations and demonstrate a justiciable controversy. Goodwin-Ra......