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AMERICAN STATES INS. CO. v. MATHIS

Nos. 73560, 73561.

974 S.W.2d 647 (1998)

AMERICAN STATES INSURANCE COMPANY, Plaintiff/Respondent, v. W. Jon MATHIS, Emco Contracting Company, Inc., and Guarantee Electrical Company, Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

August 18, 1998.

Attorney(s) appearing for the Case

David R. Bohm, Richard A. Stockenberg, Danna McNary, Stockenberg & Soraghan, P.C., St. Louis, for appellant Guarantee Electrical Company.

Charles R. Abele, St. Louis, for defendant W. Jon Mathis & EMCO Contracting Co.

Mark G. Burns, Burns & Marshall, LLP, Clayton, for respondent.

CRANE, Presiding Judge.

Insurer sought a declaratory judgment against subcontractor, sub-subcontractor, and sub-subcontractor's owner that it had no duty to defend and indemnify sub-subcontractor or owner under a commercial general liability policy in a negligence, negligent misrepresentation, and breach of contract action brought by subcontractor to recover damages it incurred when it had to remove and replace sub-subcontractor's improperly trenched and constructed...

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