BITUMINOUS CAS. CORP. v. MOORE

No. 24050.

64 S.W.3d 356 (2002)

BITUMINOUS CASUALTY CORPORATION, Plaintiff-Respondent, v. Dewey MOORE, d/b/a Dewey Moore Construction, Defendant-Respondent, and Dale Moore, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 18, 2002.


Attorney(s) appearing for the Case

Richard D. Crites, Springfield, for Appellant.

Jerry A. Harmison, Lathrop & Gage, Springfield, for Respondent Bituminous Casualty Corporation.

Michael R. Testerman, Branson, for Respondent Dewey Moore, d/b/a Dewey Moore Construction.


KENNETH W. SHRUM, Presiding Judge.

After Dewey Moore ("Dewey") and his son, Dale Moore ("Dale"), disagreed regarding who owned and was entitled to possession of a backhoe, Dale surreptitiously took the backhoe from Dewey and concealed it in a friend's barn. Thereon, Dewey filed a claim with Bituminous Casualty Company ("Bituminous") under a policy covering the backhoe which insured Dewey for theft losses. Bituminous promptly...

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