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SCHMIDT v. CITY OF GLADSTONE

No. WD 50644.

913 S.W.2d 937 (1996)

Earl SCHMIDT, Jr., et al., Plaintiff, v. CITY OF GLADSTONE, Missouri, et al., Defendants. MID-AMERICA REGIONAL COUNCIL INSURANCE TRUST, Respondent, v. ECONOMY PREFERRED INSURANCE COMPANY, Appellant.

Missouri Court of Appeals, Western District.

January 23, 1996.

Attorney(s) appearing for the Case

Kristine S. Focht, Kansas City, for appellant.

Dirk L. Hubbard and Robert E. James, Overland Park, Kan., for respondent.

Before SMART, P.J., and LOWENSTEIN and BERREY, JJ.

BERREY, Judge.

This appeal involves the question of whether the courts will override policy language and declare that public policy prevents the enforceability of the excess nature of an "other insurance" clause. Economy Preferred Insurance Company (Economy) appeals the trial court's entry of summary judgment in favor of Mid-America Regional Council Insurance Trust (MARCIT) and its denial of Economy's motion for summary...

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