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EMPIRE INS. CO. v. FARM BUREAU, ETC.

No. 44488.

633 S.W.2d 215 (1982)

EMPIRE INSURANCE COMPANY, Plaintiff-Respondent, v. FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI and William O. Coleman, Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied May 14, 1982.

Application to Transfer Denied June 14, 1982.

Attorney(s) appearing for the Case

Robert A. Wulff, Amelung, Wulff & Willenbrock, St. Louis, for defendants-appellants.

Daniel J. Harlan, Harlan & Harlan, St. Louis, for plaintiff-respondent.

SNYDER, Judge.

This is a declaratory judgment action to determine whether Empire Insurance Company (Empire) or Farm Bureau Town & Country Insurance Company of Missouri (Farm Bureau) provided primary coverage for liability arising out of a truck collision. The trial court ruled that Farm Bureau was the primary insurer and that Empire was responsible only for excess coverage. Farm Bureau appealed, charging the trial court erred in its application of the law. The...

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