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SMITH v. PROGRESSIVE CAS. INS. CO.

No. ED 78910.

61 S.W.3d 280 (2001)

David L. SMITH, Plaintiff/Respondent, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Rehearing Denied December 6, 2001.

Attorney(s) appearing for the Case

Kathy M. Wilke, St. Louis, MO, for appellant.

Richard J. Keyes, Sunset Hills, MO, for respondent.

CLIFFORD H. AHRENS, Judge.

Progressive Casualty Insurance Company appeals from the judgment in an equitable garnishment filed by plaintiff David Smith for recovery of insurance money in satisfaction of a consent judgment Smith entered into with Nathaniel Applewhite, the insured. Progressive claims the trial court erred in ordering it to pay the consent judgment because it asserts Applewhite materially breached the terms...

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