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S & P OYSTER CO., INC. v. USF & G

Nos. 63047, 63067.

865 S.W.2d 379 (1993)

S & P OYSTER COMPANY, INC., Plaintiff-Respondent, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellant. UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff-Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Rehearing Denied December 9, 1993.

Attorney(s) appearing for the Case

Dubail Judge, P.C. by Nancy E. Emmel, J. Dennis O'Leary, St. Louis, for defendant-appellant.

Brown & James, P.C. by Russell F. Watters, Robert W. Cockerham, and T. Michael Ward, St. Louis, for plaintiff-respondent.

KAROHL, Judge.

The trial court granted summary judgment in favor of plaintiff, S & P Oyster Company, Inc. (S & P), and against defendant, United States Fidelity and Guarantee Company (USF & G), awarding S & P $161,513.52 based on a finding that an insurance binder issued by USF & G was in effect when S & P suffered a fire loss. Prior to entry of this judgment the trial court denied USF & G's motion to add Commercial Union Insurance Co....

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