MERCANTILE BANK & TRUST CO. v. WESTERN CASUALTY & SUR. CO.

No. 19498.

415 F.2d 606 (1969)

MERCANTILE BANK AND TRUST COMPANY, Administrator of the Estate of Robert James Leary, Deceased, Appellant, v. The WESTERN CASUALTY AND SURETY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

September 2, 1969.


Attorney(s) appearing for the Case

Charles C. Shafer, Jr., Kansas City, Mo., for appellant.

Thomas E. Deacy, Jr., of Deacy & Deacy, Kansas City, Mo., for appellee; Lester J. Vandever, Kansas City, Mo., with him on the brief.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.


MEHAFFY, Circuit Judge.

This appeal is from a summary judgment and involves the construction of an automobile insurance policy issued to "Robert Leary" (Robert James Leary) covering three automobiles, one of which was a Ford Thunderbird. The policy covered only comprehensive insurance on the Thunderbird as Leary had eliminated this car from its original liability coverage and obtained a refund of the premium on that account. On January 1, 1965, Mr. Leary while driving...

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