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MACALCO, INC. v. GULF INS. CO.

Nos. 9701, 9702.

550 S.W.2d 883 (1977)

MACALCO, INC., a corporation, and Mary J. McDowell, Administratrix of the Estate of Orville McDowell, Deceased, Plaintiffs-Respondents, v. GULF INSURANCE COMPANY, a corporation, Defendant-Appellant-Respondent, and The Aetna Casualty and Surety Company, a corporation, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motions for Rehearing or Transfer Denied April 29, 1977.

Application to Transfer Denied June 14, 1977.

Attorney(s) appearing for the Case

B. H. Clampett, William A. R. Dalton, Daniel, Clampett, Ellis, Rittershouse & Dalton, Springfield, for plaintiffs-respondents.

Glenn A. Burkart, Mann, Walter, Burkart, Weathers & Walter, Springfield, for defendant-appellant-respondent.

Bob J. Keeter, Schroff, Keeter & Glass, Inc., Springfield, for defendant-appellant.

Before STONE, P. J., and HOGAN and TITUS, JJ.

TITUS, Judge.

Macalco, Inc. (Macalco) owned an airplane which crashed in a nighttime flight and was destroyed. At the time of the occurrence, the plane was being piloted by Macalco's president, Orville McDowell (McDowell), and carrying two passengers. All of the occupants perished. When the tragedy happened, Macalco and McDowell were insureds in an aircraft hull and liability policy issued by Gulf Insurance Company (Gulf) and in an excess indemnity (umbrella) policy...

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