SPINK v. MERCURY INS. CO

No. 28535.

260 S.W.2d 757 (1953)

SPINK et ux. v. MERCURY INS. CO. et al.

St. Louis Court of Appeals. Missouri.

As Modified on Denial of Rehearing October 16, 1953.


Attorney(s) appearing for the Case

Anderson, Gilbert, Wolfort, Allen & Bierman, by William R. Gilbert, St. Louis, for Mercury Ins. Co.

Willson, Cunningham & McClellan, by J. H. Cunningham, Jr., St. Louis, for Sun Ins. Office, Ltd.

Remmers & Remmers, by Oliver T. Remmers, St. Louis, for respondents.


WOLFE, Commissioner.

This is an action on two fire insurance policies for a loss sustained by reason of damage by fire to the household furniture, furnishings and personal property belonging to the plaintiffs. The loss caused by the fire amounted to $7,750. The defendants claim that the insured property was also covered by another insurance company and that by reason of a "pro rata libility" clause of their respective contracts

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