MIDWEST MUT. INS. CO. v. AETNA CAS. & SUR. CO.

No. KCD 29454.

565 S.W.2d 711 (1978)

MIDWEST MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. THE AETNA CASUALTY & SURETY COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied May 1, 1978.


Attorney(s) appearing for the Case

Robert G. Oberlander, Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, for plaintiff-appellant.

John R. Gibson, John R. Sims, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, for defendant-respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


TURNAGE, Judge.

This case presents the question of the individual liability of insurance carriers when there are multiple policies affording uninsured motorist coverage to an insured.

Midwest Mutual issued a policy of insurance covering Phil R. Banks in the operation of a motorcycle. This policy contained $10,000 coverage for uninsured motorist damages. Banks was also covered as an insured under an automobile policy issued to his stepfather in whose home he...

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