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MESSNER v. AMERICAN UNION INS. CO.

No. 25348.

119 S.W.3d 642 (2003)

Siegfried C. MESSNER, Appellant-Plaintiff, v. AMERICAN UNION INSURANCE COMPANY, Respondent-Defendant.

Missouri Court of Appeals, Southern District, Division Two.

November 19, 2003.

Attorney(s) appearing for the Case

James P. Leonard, McSweeney, Slater & Merz, St. Louis, for appellant.

Danna McKitrick, Daniel G. Tobben, and Kevin B. Behrndt, St. Louis, for respondent.

KENNETH W. SHRUM, Judge.

This is a suit by Siegfried C. Messner ("Plaintiff") against his automobile insurer, American Union Insurance Company ("Defendant"). Plaintiff seeks damages based on the "underinsured" coverage of his policy and Defendant's vexatious refusal to pay. Plaintiff appeals from a judgment on the pleadings favorable to Defendant entered pursuant to Rule 55.27(b).1

Plaintiff argues the trial court committed...

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