MFA MUTUAL INS. CO. v. FARMERS & MERCHANTS INS. CO.

No. 33208.

443 S.W.2d 220 (1969)

MFA MUTUAL INSURANCE COMPANY, a corporation, Plaintiff-Respondent, v. FARMERS AND MERCHANTS INSURANCE COMPANY, a corporation; Hubert Freise and Sons, a corporation; Virgil R. Creech and Marcella R. Creech, Defendants, Farmers and Merchants Insurance Company, a corporation, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

June 13, 1969.


Attorney(s) appearing for the Case

Willson, Cunningham & McClellan, St. Louis, for defendant-appellant.

Niedner, Niedner & Moerschel, Robert V. Niedner, St. Charles, Adolph K. Schwartz, St. Louis, for plaintiff-respondent.


WOLFE, Presiding Judge.

This is an action wherein MFA Mutual Insurance Company seeks a judgment for one-half of a $15,000 claim that it paid to its insured on a "builder's risk" policy. Its insured was a building contractor. The policy was issued for a term of one year. The building covered by it was destroyed by fire shortly before it was completed. The owner of the land for whom the building was being built had purchased a "home owner's policy" for a three year...

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