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KEARBEY v. REL. L. INS. CO. OF WEBSTER GROVES

No. 9844.

526 S.W.2d 866 (1975)

H. Elvin KEARBEY, Plaintiff-Respondent, v. The RELIABLE LIFE INSURANCE COMPANY OF WEBSTER GROVES, MISSOURI, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

July 15, 1975.

Attorney(s) appearing for the Case

G. H. Terando, J. Lee Purcell, Hyde, Purcell, Wilhoit & Edmundson, Poplar Bluff, for defendant-appellant.

Ernie J. Richardson, Poplar Bluff, for plaintiff-respondent.

Before BILLINGS, C. J., and HOGAN and FLANIGAN, JJ.

FLANIGAN, Judge.

This is an action by H. Elvin Kearbey for the "accidental death benefit" contained in an insurance policy issued by defendant-appellant on the life of Thelma Kearbey. Plaintiff is the beneficiary named in the policy. The trial court entered judgment in favor of plaintiff in the amount of $1,500 (the amount of the accidental death benefit) but found in favor of defendant on the issue of additional damages for vexatious refusal to pay.

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