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AMERICAN NAT. PROPERTY v. ENSZ & JESTER

No. WD 73401.

358 S.W.3d 75 (2011)

AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY, Appellant, v. ENSZ & JESTER, P.C., et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 22, 2011.

Application for Transfer Denied March 6, 2012.

Attorney(s) appearing for the Case

David Ladwig , Arthur A. Benson II , and Jamie Kathryn Lansford , Kansas City, MO, for Appellant.

James C. Morrow and Julie A. Bush , Kansas City, MO, for Respondents.

Before Division One: VICTOR C. HOWARD, Presiding Judge, and ALOK AHUJA and KAREN KING MITCHELL, Judges.

KAREN KING MITCHELL, Judge.

This case involves a professional negligence claim, a breach of fiduciary duty claim, and a breach of contract claim. The issue is whether and to what extent section 537.0601 bars recovery on the claims. That section discharges a settling tortfeasor from liability to a second tortfeasor when the liability is based in contribution or indemnity for the same injury to which the settlement agreement applied, unless...

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