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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. JESSEE

No. KCD 26929.

523 S.W.2d 832 (1975)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. Henderson Lee JESSEE, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 6, 1975.

Application to Transfer Denied July 14, 1975.

Attorney(s) appearing for the Case

Larry L. Zahnd, Zahnd & Whan, Maryville, for appellant.

Brown, Douglas & Brown, R. A. Brown, Jr., St. Joseph, for respondent.

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

WASSERSTROM, Presiding Judge.

Plaintiff insurance company insured a truck owned by James Thompson, which was damaged in a highway accident. Plaintiff settled with Thompson on the basis of the loss being in the amount of $1,295, but it paid Thompson only $1,195 because of a $100 deductible provision in the policy. As part of the settlement, Thompson executed a Subrogation Receipt which recited a consideration of $1,295, the full amount of the loss. In addition to the...

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