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GENERAL MOTORS ACCEPT. CORP. v. WESTERN FIRE INS. CO.

No. 8964.

457 S.W.2d 234 (1970)

GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff-Appellant, v. The WESTERN FIRE INSURANCE COMPANY, a corporation, Defendant-Respondent.

Springfield, Court of Appeals, Missouri.

July 24, 1970.

Attorney(s) appearing for the Case

Daniel, Clampett, Ellis, Rittershouse & Dalton, Paul D. Rittershouse, William A. R. Dalton, Springfield, for plaintiff-appellant.

Woolsey, Fisher, Clark & Whiteaker, Russell G. Clark, Springfield, for defendant-respondent.

STONE, Judge.

In this jury-waived, court-tried action, plaintiff General Motors Acceptance Corporation (GMAC), mortgagee of a 1965 Buick automobile owned by Benny and Ruth Betterton, husband and wife, sought to recover as a loss payee named in an insurance policy issued by defendant The Western Fire Insurance Company (Western) to the Bettertons which afforded, inter alia, $50 deductible collision coverage on that automobile. From a judgment for defendant, plaintiff...

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