HAWKEYE-SEC. INS. CO. v. IOWA NAT. MUT. INS. CO.

No. KCD 29299.

567 S.W.2d 719 (1978)

HAWKEYE-SECURITY INSURANCE COMPANY, Plaintiff-Appellant, v. IOWA NATIONAL MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

June 12, 1978.


Attorney(s) appearing for the Case

Gordon N. Myerson, Steven G. Emerson, Kansas City, for plaintiff-appellant.

Thomas A. Sweeny, Kansas City, for defendant-respondent; Popham, Popham, Conway, Sweeny & Fremont, P. C., Kansas City, of counsel.

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


DIXON, Judge.

Hawkeye-Security Insurance Company appeals a trial court order granting summary judgment for the defendant. The issue to be determined is whether Hawkeye has any claim based upon Iowa National Mutual Insurance Company's failure to defend under a policy with its insured Jurgeson.

In 1967, plaintiffs Romine filed an action for damages against Jurgeson which they claimed arose out of the acts of Jurgeson in blocking the channel of a creek. The petition...

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