PERRY STATE BANK v. FARMERS ALLIANCE

No. WD 53530.

953 S.W.2d 155 (1997)

PERRY STATE BANK, Appellant, v. FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Respondent.

Missouri Court of Appeals, Western District.

September 30, 1997.


Attorney(s) appearing for the Case

David C. Mobley, New London, for Appellant.

Paul Seigfreid, Mexico, for Respondent.

Before SMART, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.


LAURA DENVIR STITH, Judge.

Appellant Perry State Bank appeals the trial court's ruling that it was not entitled to recover under a fire insurance policy because it failed to notify the insurer, Farmers Alliance Mutual Insurance Company, of a change of occupancy of the insured house as required by the policy's mortgage clause. Perry claims there was no "change" of occupancy although the house became unoccupied. Regardless of whether a change of occupancy occurred,...

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