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  5. 652 S.W.2d 245 (1983)
 

FIDELITY AND CAS. CO. OF NEW YORK v. WRATHER

No. 12636.

652 S.W.2d 245 (1983)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New Hampshire Corporation, Plaintiff-Respondent, v. Aubrey L. WRATHER, Kenneth Nanney, d/b/a Nanney Trucking Company, James Robert Pardon and Gary Mason Deem, Defendants, v. Aubrey L. WRATHER, Third-Party Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Third-Party Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

Motion for Rehearing or to Transfer Denied May 26, 1983.

Attorney(s) appearing for the Case

James S. Green, Hux & Green, Sikeston, for plaintiff-respondent.

No appearance for defendant and third-party plaintiff Wrather.

Harold D. Jones, Bock & Jones, New Madrid, for third-party defendant-appellant State Farm Mut. Auto. Ins. Co.

FLANIGAN, Judge.

This appeal by State Farm Mutual Automobile Insurance Company arises out of a declaratory judgment action in which the trial court, sitting without a jury, found that two policies of liability insurance issued to one Wrather afforded coverage to him in the defense of a tort action brought against Wrather and others by one Nanney. One of the policies was issued by State Farm and the other was issued by The Fidelity & Casualty Company of New York...

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