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WALKER v. COMMERCIAL UNION INS. CO.

No. 64211.

879 S.W.2d 596 (1994)

Lemark WALKER, Plaintiff/Appellant, v. COMMERCIAL UNION INSURANCE CO., Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied June 6, 1994.

Application to Transfer Denied August 15, 1994.

Attorney(s) appearing for the Case

Thomas F. Jones, Bryan L. Hettenbach, Jones & Rath, Clayton, for plaintiff, appellant.

Russell F. Watters, T. Michael Ward, Brown & James, P.C., St. Louis, for defendant, respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 6, 1994.

REINHARD, Judge.

Plaintiff appeals the trial court's dismissal of a count in his petition for vexatious refusal to pay. We reverse and remand.

Plaintiff is an automobile driver injured when the automobile he was driving was struck by an uninsured motor vehicle. Defendant is plaintiff's insurance company, which had issued an automobile insurance policy to plaintiff's father covering...

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