CARRIAGE CLUB, INC. v. AMERICAN MOTORISTS INS. CO.

No. WD 32881.

643 S.W.2d 38 (1982)

The CARRIAGE CLUB, INC., Appellant, v. AMERICAN MOTORISTS INSURANCE CO., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied November 30, 1982.

Application to Transfer Denied January 17, 1983.


Attorney(s) appearing for the Case

R.W. Miller, Kevin E. Glynn, Kansas City, for appellant.

James T. Ferrini, Richard A. Buchanan, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago, Ill., Edward L. Smith, Knipmeyer, McCann, Fish & Smith, Kansas City, for respondent.

Before MANFORD, P.J., and WASSERSTROM and KENNEDY, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied November 30, 1982.

MANFORD, Presiding Judge.

This appeal follows entry of a summary judgment which denied insurance coverage and a claim for property damage. The judgment is reversed and the cause remanded with directions.

Three points are presented which, in summary, charge the trial court erred in granting summary judgment because (1) the loss and damage resulted from an insured...

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