Where insureds repeatedly requested claim file from claim representative and insurance company produced claim file after suit was filed, insureds’ declaratory judgment action was moot as they were provided with the file, and they were not entitled to attorney’s fees as insureds were not the ‘prevailing party’ but rather the action was rendered moot, and there was no breach of fiduciary duty claim as there were no monetary damages awarded and no diagnosable emotional distress.
Henry v. Farmers Insurance Co., Inc. (MLW No. 66681/Case No. WD76953 – 19 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Platte County, Hull, Jr., J. (Bruce Brown, Kearney, for appellant) (Justin S. Chapell, Bradley M. Zaffiri and Thomas M. Ward, St. Louis, for respondent).