AUGSPURGER v. MFA OIL CO.

Nos. WD 52140, WD 52196.

940 S.W.2d 934 (1997)

James A. AUGSPURGER, et al., Plaintiff-Respondent, v. MFA OIL COMPANY, Augusta Investment Corporation, and Sprigg Lane Investment Corporation, Defendants, Federal Insurance Company, Proposed Intervenor, Appellant.

Missouri Court of Appeals, Western District.

March 25, 1997.


Attorney(s) appearing for the Case

David R. Smith, Overland Park, KS, Kirk Rowan Presley, Kansas City, for plaintiff-respondent.

Paul L. Wickens, St. Louis, for defendants.

Beth C. Boggs, Mark R. Bates, St. Louis, for appellant.

Before BRECKENRIDGE, P.J., and LAURA DENVIR STITH and HOWARD, JJ.


HOWARD, Judge.

The issues in this case are whether Federal Insurance Company ("Federal"), an excess insurer which has denied coverage to certain defendants in tort litigation, is nevertheless entitled to (1) stay the litigation pending another court's decision on whether Federal's excess policy provided coverage for the underlying occurrence, or to (2) intervene as a matter of right in the litigation. This court holds that the trial court properly denied both the...

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