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ALLSTATE INS. CO. v. HARTFORD ACCIDENT & INDEM. CO.

No. 9207.

486 S.W.2d 38 (1972)

ALLSTATE INSURANCE COMPANY, Plaintiff-Respondent, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Rehearing Denied October 12, 1972.

Attorney(s) appearing for the Case

Manuel Drumm, Sikeston, for defendant-appellant.

Jackson, Thomasson, Dickerson & Gilbert, Paul V. Gilbert, Cape Girardeau, for plaintiff-respondent.

STONE, Judge.

The purpose of this declaratory judgment action is to determine which of the two parties litigant, i. e., plaintiff Allstate Insurance Company or defendant Hartford Accident and Indemnity Company, is the primary insurer of Gordon Humphrey with respect to the claims and litigation resulting from a major three-vehicle accident on U.S. Highway 61 near New Madrid, Missouri, "after dark" on the evening of Saturday, September 6, 1969. From the judgment and...

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