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EMPIRE FIRE AND MARINE INSURANCE CO. v. BRAKE

No. 25515.

472 S.W.2d 18 (1971)

The EMPIRE FIRE AND MARINE INSURANCE CO., Plaintiff-Respondent, v. Peter D. BRAKE and Gary Keller, Defendants-Appellants.

Kansas City Court of Appeals, Missouri.

October 4, 1971.

Attorney(s) appearing for the Case

Thomas M. Sullivan, Downey, Sullivan & Fitzgerald, Kansas City, for appellant Brake.

Michael J. Drape, Knowlton & Drape, Kansas City, for appellant Keller.

William H. Sanders, James Borthwick, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, for plaintiff-respondent.

DIXON, Commissioner.

This case, recently re-assigned, is an action for declaratory judgment on a liability insurance policy issued to Patricia Keller. Empire Fire and Marine Insurance Co. is the plaintiff. The defendants are the driver, Gary Keller, and third parties injured in an accident. The plaintiff pleaded the issuance of a policy to Patricia Keller as named insured and the occurrence of a collision on September 15, 1966 within the policy period while the automobile...

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