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95 WEST CORP. v. GENERAL INSURANCE CO. OF AMERICA

No. 24742.

424 S.W.2d 350 (1967)

95 WEST CORPORATION, Plaintiff-Appellant, v. GENERAL INSURANCE COMPANY OF AMERICA, a Corporation, and Assurance Company of America, a Corporation, Defendants-Respondents.

Kansas City Court of Appeals, Missouri.

Rehearing Denied February 5, 1968.

Attorney(s) appearing for the Case

Clem W. Fairchild, Herbert M. Kohn, Kansas City, for plaintiff-appellant; Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, of counsel.

Glenn E. McCann, Knipmeyer, McCann & Millett, Kansas City, for defendant-respondent Assurance Co. of America.

John R. Caslavka, Shughart, Thomson & Kilroy, Kansas City, for defendant-respondent General Insurance Co. of America.

MAUGHMER, Commissioner.

In 1962, the plaintiff, 95 West Corporation, began construction of a complex, to be known as the French Market Shopping Center, on the northeast corner of 95th and Metcalf streets in Overland Park, Kansas. On September 2, 1962, it purchased two Builders Risk Fire (and other coverages) insurance policies from defendant companies. On July 18, 1963, fire destroyed some parking lot light fixtures in the original cartons which were stored on the...

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