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GORDON v. MAUPIN

No. 33833.

469 S.W.2d 848 (1971)

Marjorie M. GORDON, Plaintiff-Respondent, v. George MAUPIN, Defendant, and American Family Mutual Insurance Company, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied May 25, 1971.

Application to Transfer Denied September 13, 1971.

Attorney(s) appearing for the Case

Bollow, Crist & Bollow, Shelbina, for plaintiff-respondent.

Collins & Grimm, by David Collins, Macon, for defendant-appellant.

Motion for Rehearing or to Transfer to Supreme Court Denied May 25, 1971.

CLEMENS, Commissioner.

The issue here: Does the other-insurance-available clause in plaintiff's uninsured motorist policy preclude recovery when the other insurance was not actually available to her? We say no and affirm plaintiff's $5,000 judgment against her insurer, defendant American Family Mutual Insurance Company (American).

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