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UNITED SERVICES AUTO. ASS'N v. U. S. F. & G. CO.

No. KCD 27869.

555 S.W.2d 38 (1977)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant.

Missouri Court of Appeals, Kansas City District.

August 8, 1977.

Attorney(s) appearing for the Case

Laurence R. Tucker, Morris, Mitchell, Larson, King, Stamper & Bold, Kansas City, for appellant.

Edward H. Sheppard, Charles A. Schliebs, Blackwell, Sanders, Matheny, Weary & Lombari, Kansas City, for respondent.

Before SWOFFORD, P. J., PRITCHARD, C. J., and DIXON, J.

SWOFFORD, Presiding Judge.

The underlying facts of this case are that an insured under policies issued by each of the parties hereto sustained a fire loss covered by the insurance. Each of the companies claimed that under the terms of the policies the other company was responsible for the entire loss. They were unable to agree and each paid to the insured a pro rata proportion of the loss. United Services Automobile Association (U.S.A.A.) respondent, thereupon instituted...

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