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D.R. SHERRY CONST. v. AMERICAN FAMILY MUT.

No. SC 90442.

316 S.W.3d 899 (2010)

D.R. SHERRY CONSTRUCTION, LTD., Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 31, 2010.

Attorney(s) appearing for the Case

Keigh A. Cary and John E. Franke of Franke, Schultz & Mullen P.C., Kansas City, for appellant.

Jonathan Sternberg of Jonathan Sternberg, Attorney, P.C., and Jason Davey of Costello Davey & Fera LLC, Kansas City, for respondent.

RICHARD B. TEITELMAN, Judge.

American Family Mutual Insurance Company appeals a judgment for D.R. Sherry Construction, LTD., on Sherry's claims for breach of contract and vexatious refusal to pay. The judgment is affirmed.

FACTS

Sherry is a general contractor engaged in the business of building homes. In March 2003, Sherry began constructing a home at 13395 Sycamore Drive in Platte County. In July 2003, Sherry finished construction of the...

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