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SANDER v. MID-CONTINENT INSURANCE CO.

No. 35373.

514 S.W.2d 634 (1974)

Harry SANDER, Plaintiff-Appellant, v. MID-CONTINENT INSURANCE CO., a corporation, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

Rehearing Denied October 15, 1974.

Attorney(s) appearing for the Case

William R. Hirsch, Clayton, for plaintiff-appellant.

Frank E. Strzelec, Joseph M. Kortenhof, Kortenhof & Ely, St. Louis, for defendant-respondent.

GUNN, Judge.

Plaintiff-appellant appeals from a judgment in a court tried case denying his claim for proceeds under a fire insurance policy issued by defendant-respondent. Our decision turns on the issue of whether plaintiff, as assignee of a trustee under a deed of trust, had an insurable interest under the insurance policy. We find that plaintiff did have an insurable interest and is entitled to proceeds of the policy.

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