MULCAHY v. PRUDENTIAL INS. CO. OF AMERICA

No. WD33788.

655 S.W.2d 889 (1983)

Naomi M. MULCAHY, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Respondent.

Missouri Court of Appeals, Western District.

August 9, 1983.


Attorney(s) appearing for the Case

John W. Inglish, Inglish, Kay, Cartwright & Riner, P.C., Jefferson City, for appellant.

Daniel L. Sailler and Robert W. McKinley, Kansas City, for respondent; Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, of counsel.

Before DIXON, P.J., and KENNEDY and LOWENSTEIN, JJ.


DIXON, Presiding Judge.

Plaintiff appeals summary judgment against her on a claim under a group insurance policy issued by defendant. The question presented is whether defendant has shown by unassailable proof that it was entitled as a matter of law to summary judgment based on its policy's exclusion of coverage for "[e]xpenses covered by Worker's Compensation."

The undisputed facts before the court showed plaintiff suffered a spinal injury while lifting lawn...

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