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WELCH v. WESTERN CAS. & SUR. CO.

No. 10703.

567 S.W.2d 743 (1978)

Paul Edward WELCH, Plaintiff-Respondent, v. WESTERN CASUALTY AND SURETY COMPANY, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied June 30, 1978.

Application to Transfer Denied July 24, 1978.

Attorney(s) appearing for the Case

Albert C. Lowes, Thomas A. Ludwig, Buerkle, Buerkle & Lowes, Jackson, for defendant appellant.

Hal E. Hunter, Jr., Hunter & Hunter, New Madrid, for plaintiff respondent.

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

HOGAN, Judge.

In this court-tried action upon an automobile insurance policy, plaintiff has had judgment in the amount of $10,000 with interest at the rate of eight (8%) percent from July 27, 1976.1 In addition, the trial court has allowed plaintiff damages in the sum of $1,000 and an attorney's fee in the amount of $3,333 under the provisions of the vexatious delay statute, § 375.420, RSMo Supp.1975. Defendant appeals.

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