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GREAT WEST CAS. CO. v. MALLINGER TRUCK LINE

No. WD 32708.

640 S.W.2d 479 (1982)

GREAT WEST CASUALTY COMPANY, Plaintiff-Appellant, v. MALLINGER TRUCK LINE, INC., Reliance Insurance Companies, Processed Beef Express, CNA Insurance Company; and Joyce Steinmetz, Defendants-Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied October 5, 1982.

Application to Transfer Denied November 15, 1982.

Attorney(s) appearing for the Case

William H. Sanders, Jack F. Olson, James Bandy, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, for plaintiff-appellant.

Arthur C. Popham, Jr., Popham, Conway, Sweeny, Freemont & Bundschu, P.C., Kansas City, for defendants-respondents Reliance Ins. Companies and Processed Beef Exp.

H. George Lafferty, Jr., Kansas City, for defendant-respondent Steinmetz.

Kenneth O. Smith, Knipmeyer, McCann, Fish & Smith, Kansas City, for CNA Ins. Co.

Before NUGENT, P.J., and TURNAGE and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied October 5, 1982.

LOWENSTEIN, Judge.

This is an appeal from a declaratory judgment suit determining which of two insurance companies is primarily responsible for policy coverage in a wrongful death claim arising out of an automobile accident. The basis of this determination rests on the relative responsibilities of the companies' insureds under a lease agreement containing an indemnity...

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