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SHIRKEY v. GUARANTEE TRUST LIFE & INS. CO.

No. WD 63191.

141 S.W.3d 62 (2004)

Stacy K. SHIRKEY, Appellant, v. GUARANTEE TRUST LIFE & INSURANCE COMPANY, Respondent.

Missouri Court of Appeals, Western District.

August 10, 2004.

Attorney(s) appearing for the Case

Robert L. Shirkey, Kansas City, MO, for Appellant.

Dennis D. Palmer, Kansas City, MO, for Respondent.

Before THOMAS H. NEWTON, P.J., HAROLD L. LOWENSTEIN and RONALD R. HOLLIGER, JJ.

THOMAS H. NEWTON, Presiding Judge.

Mr. Stacy K. Shirkey brought a claim for breach of insurance contract and vexatious refusal to pay against Guarantee Trust Life Insurance Company when it refused to pay his claim under a credit disability insurance policy. Guarantee Trust asserted that Mr. Shirkey made a material misrepresentation on his application and, on that basis, it had rescinded his policy. The trial court found...

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