DIXON v. BUSINESS MEN'S ASSURANCE CO. OF AMERICA

No. 43873.

285 S.W.2d 619 (1955)

John P. DIXON, Respondent, v. BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA, a Corporation, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 12, 1956.


Attorney(s) appearing for the Case

George L. Gordon, Donald W. Johnson, Kenneth E. Midgley, Kansas City, for appellant. Gordon & Gilmore, Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, of Counsel.

Lyman Field, Rogers, Field & Gentry, Kansas City, for respondent.


COIL, Commissioner.

This case came to the writer on reassignment.

John P. Dixon, respondent (herein called plaintiff), was the insured in an accident and health policy (containing also a provision for a death indemnity) issued by appellant, Business Men's Assurance Company of America (herein sometimes called defendant or BMA). Plaintiff had verdict and judgment for $8,187.50, including indemnities allegedly due under the policy, "vexatious penalties," and...

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