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MFA MUT. INS. CO. v. BURNS

Nos. 44704, 44736.

639 S.W.2d 100 (1982)

MFA MUTUAL INSURANCE COMPANY, and Elbert L. Drum, Respondents, v. Sherry A BURNS, Administratrix of the Estate of Kevin Keifer, Damon F. Wilson, Mr. Robert Young, and Mrs. Robert Young, and Paul G. Gay, Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 17, 1982.

Application to Transfer Denied October 18, 1982.

Attorney(s) appearing for the Case

A. M. Spradling, III, James Waltz, Cape Girardeau, Francis Toohey, Jr., Perryville, for appellants.

James E. Spain, Bloomfield, Keith S. Bozarth, Hyde, Purcell, Wilhoit Spain, Edmundson & Merrell, Poplar Bluff, for respondents.

CRIST, Judge.

MFA Mutual Insurance Company and its insured, Elbert Drum, (hereafter called collectively the Company) initiated this declaratory judgment action following a two-car collision in Texas involving Drum's car. Unknown to Mr. Drum, his daughter and one Kevin Kiefer had taken Drum's car and left Missouri two days earlier for California. Minutes before the accident Ms. Drum and Kiefer, who was driving at the time and who was killed in the collision, picked...

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