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IMPERIAL PREMIUM FINANCE v. NORTHLAND INS.

No. WD 46789.

861 S.W.2d 596 (1993)

IMPERIAL PREMIUM FINANCE, INC., Appellant, v. NORTHLAND INSURANCE CO., et al., Respondent, and Midwestern General Agency, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 31, 1993.

Application to Transfer Denied October 26, 1993.

Attorney(s) appearing for the Case

Kip D. Richards, Kansas City, for appellant.

Jeffrey A. Burns and Patrick Lysaught, Kansas City, for Northland Ins. Co.

Robert Ernest Gould and William L. Carr, Kansas City, for Midwestern General Agency.

Before SMART, P.J., and SHANGLER and FENNER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 31, 1993.

SHANGLER, Judge.

The plaintiff Imperial Premium Finance, Inc. brought suit against the defendants Northland Insurance Co. and Midwestern General Agency to recover a gross unearned premium due under a financed insurance contract. Count I of the petition pleads the theory of recovery that the failure of the defendants to return the unearned premium was a violation of § 364.135...

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