WESTERN CAS. & SUR. CO. v. D & J ENTERPRISES

No. 68011.

720 S.W.2d 944 (1986)

WESTERN CASUALTY AND SURETY COMPANY, a Kansas Corporation, Plaintiff-Appellant, v. D & J ENTERPRISES, INC., a Missouri Corporation, et al., Defendants-Respondents.

Supreme Court of Missouri, En Banc.

December 16, 1986.


Attorney(s) appearing for the Case

Edward W. Mullen, Gary M. Cupples, Kansas City, for Western Cas. & Sur. Co.

Thomas H. Stahl, Kristin L. Farnen, Gladstone, for Garney Co., Inc.

James A. Rahm, Carrollton, Laurence R. Tucker, Marvin Ray Motley, Kansas City, for D & J Enterprises.


DONNELLY, Judge.

Appellant, Western Casualty and Surety Company, filed a suit for declaratory judgment to determine whether a loss sustained by its insured, D & J Enterprises, was covered by one of its policies. The trial court found that the loss was covered by the policy. The Western District of the Court of Appeals reversed and remanded with direction to enter judgment in favor of Western Casualty. The cause was transferred here by order of this Court and is...

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