ACCEPTANCE INS. CO. v. SDC, INC.

No. 4:95CV01989 GFG.

952 F.Supp. 644 (1997)

ACCEPTANCE INSURANCE CO., Plaintiff, v. SDC, INC., Defendant.

United States District Court, E.D. Missouri, Eastern Division.

February 6, 1997.


Attorney(s) appearing for the Case

John T. Walsh, Gallop and Johnson, St. Louis, MO, Harold G. Belsheim, II, Gallop and Johnson, Belleville, IL, Stephen M. Calder, Paul D. Rowe, Jr., Palmer and Biezup, Philadelphia, PA, for plaintiff.

James L. Thomas, Waynesville, MO, Sidney B. Klovsky, Wade F. Suthard, Klovsky and Kuby, Philadelphia, PA, for defendant.


MEMORANDUM OPINION

GUNN, District Judge.

In this subrogation case, the denouement rests on the issue of whether the notice of tender of defense was timely and adequate. The Court finds that it was and therefore rules in favor of the plaintiff-subrogee Acceptance Insurance Company (AIC) and against defendant subrogor SDC, Inc. (SDC).

This matter was tried to the Court. Pursuant to Fed.R.Civ.P. 52(a), this Memorandum Opinion constitutes the...

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