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MORRIS v. REED

Nos. KCD 26178, 26179.

510 S.W.2d 234 (1974)

Gene F. MORRIS, Plaintiff-Respondent, v. G. Findlay REED and G. Findlay Reed, Inc., Defendants, and The Home Insurance Company, Defendant-Appellant. Gene F. MORRIS, Plaintiff-Appellant, v. G. Findlay REED and G. Findlay Reed, Inc., Defendants, The Home Insurance Company, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied June 3, 1974.

Attorney(s) appearing for the Case

Kenneth O. Smith, Stephen D. Manz, Lowell L. Knipmeyer, Kansas City, for defendant-appellant Home Ins. Co.

Michael J. Albano, Graham, Paden, Welch & Martin, Independence, for plaintiff-respondent Gene F. Morris.

Before DIXON, C. J., and SHANGLER and WASSERSTROM, JJ.

WASSERSTROM, Judge.

In the court below plaintiff received a directed verdict in the sum of $74,000.00 on an insurance policy plus interest thereon, but the court declined to impose penalties against the insurer for vexatious delay. The defendant insurance company appeals from the award of damages, while plaintiff cross-appeals from the denial of statutory penalties.

The events giving rise to the present controversy occurred in December, 1966. Until the latter...

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