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AMERICAN STATES INS. v. HERMAN C. KEMPKER CONST. CO.

No. WD 59721.

71 S.W.3d 232 (2002)

AMERICAN STATES INSURANCE COMPANY, Appellant, v. HERMAN C. KEMPKER CONSTRUCTION COMPANY, INC.; GSDS, LLC., Respondents.

Missouri Court of Appeals, Western District.

March 26, 2002.

Attorney(s) appearing for the Case

Dana L. Frese, Jefferson City, MO, for appellant.

Brian K. Francka, Jefferson City, MO, for respondent Herman C. Kempker Const.

Scott R. Pool, Jefferson City, MO, for respondent GSDS.

Before NEWTON, P.J., LOWENSTEIN and SMART, JJ.

HAROLD L. LOWENSTEIN, Judge.

The principal questions in this appeal are whether a commercial general liability insurance policy creates a duty to defend and covers a claim for a negligent misrepresentation made by the insured. In the underlying action, a real estate developer, GSDS, LLC (hereafter GSDS), filed a seven-count petition against the other respondent, Herman C. Kempker Construction Company (hereafter Kempker or the insured) seeking damages arising from...

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