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GAMEL v. CONTINENTAL INSURANCE COMPANY

No. 33737.

463 S.W.2d 590 (1971)

John W. GAMEL, Plaintiff-Respondent, v. The CONTINENTAL INSURANCE COMPANY, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

January 26, 1971.

Attorney(s) appearing for the Case

Adolph K. Schwartz, St. Louis, for defendant-appellant.

Thurman, Nixon, Smith & Howald, James E. Bowles, Hillsboro, for plaintiff-respondent.

BRADY, Presiding Judge.

This is an appeal from a summary judgment in the amount of $10,000.00 and costs entered in favor of plaintiff and against the defendant. The determinative issue is whether a statement by the plaintiff to defendant's agent to the effect he wanted a policy for $10,000.00 can constitute a fraudulent misrepresentation. If it can then a disputed issue of fact prohibiting the entry of a summary judgment exists. Civil Rule 74.04, V.A.M.R. If, as a...

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