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HERBST v. J.C. PENNEY INS. CO.

No. 13667.

679 S.W.2d 381 (1984)

Donita J. HERBST, Plaintiff-Appellant, v. J.C. PENNEY INSURANCE CO., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing Overruled and Transfer Denied September 20, 1984.

Application to Transfer Denied November 20, 1984.

Attorney(s) appearing for the Case

Daniel T. Moore, L. Joe Scott, Daniel T. Moore, Poplar Bluff, for plaintiff-appellant.

James E. Spain, Dale E. Nunnery, Hyde, Purcell, Wilhoit, Spain, Edmundson & Merrell, Poplar Bluff, for defendant-respondent.

Motion for Rehearing Overruled and Transfer to Supreme Court Denied September 20, 1984.

PREWITT, Chief Judge.

At dispute is whether plaintiff should receive accidental death benefits because of the death of her father under an insurance policy issued by defendant. The trial court awarded her ten thousand dollars which the policy provided that defendant was to pay upon his death, but she was denied recovery of an additional thirty thousand dollars payable if...

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