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CITY OF PALMYRA v. WESTERN CASUALTY & SURETY CO.

No. 34195.

477 S.W.2d 428 (1972)

CITY OF PALMYRA, Missouri, a Municipal Corporation, Plaintiff-Appellant, v. The WESTERN CASUALTY AND SURETY COMPANY, a Corporation, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or to Transfer Denied February 29, 1972.

Attorney(s) appearing for the Case

Mitchell & Meade, Palmyra, for plaintiff-appellant.

Carstarphen, Harvey & Wasinger, Hannibal, for defendant-respondent.

Motion for Rehearing or to Transfer to Supreme Court Denied February 29, 1972.

DOWD, Judge.

This is an action by the plaintiff (hereinafter City) against its own insurance company, based on the insurer's refusal to defend a suit brought by one Myers to recover for injuries sustained because of the negligence of the City. The insurer claimed that the policy it issued to the City did not provide coverage for the accident as alleged in Myers' petition. Myers...

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