CONSOLIDATED ELEC. COOP. v. EMPLOYERS MUT. LIABIL. I. CO.

No. 8166(2).

106 F.Supp. 322 (1952)

CONSOLIDATED ELECTRIC COOPERATIVE v. EMPLOYERS MUT. LIABILITY INS. CO.

United States District Court E. D. Missouri, E. D.

June 30, 1952.


Attorney(s) appearing for the Case

J. W. Buffington, Mexico, Mo., Coburn, Storckman & Croft and Clem F. Storckman, St. Louis, Mo., for plaintiff.

Moser, Marsalek, Carpenter, Cleary & Carter and John S. Marsalek, St. Louis, Mo., for defendant.


HULEN, District Judge.

There are two prime questions presented on the record in this jury-waived law suit: (1) Are the exclusions in the indemnity policy of defendant so ambiguous and vague as to be reasonably subject to more than one interpretation; and (2) has defendant waived its right to defend on the exclusions? We hold one exclusion applicable and one not, and that defendant is barred from relying on either as a result of waiver in defending the suit in issue...

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