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TRUCK INS. EXCHANGE v. PRAIRIE FRAMING, LLC

No. WD 61786.

162 S.W.3d 64 (2005)

TRUCK INSURANCE EXCHANGE, Appellant, v. PRAIRIE FRAMING, LLC, Robert T. Winger, Katherine Rolfe, Eric Rolfe and Paul Rolfe, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 29, 2005.

Application for Transfer Denied May 31, 2005.

Attorney(s) appearing for the Case

Douglas R. Richmond, Patrick J. Kenny and Carlton D. Callenbach, Kansas City, MO, for Appellant.

Brian J. Madden and Todd M. McGuire, Kansas City, MO, for respondents Rolfe.

Douglas M. Weems and Virginia Stevens Crimmins, Kansas City, MO, for Respondent Prairie Framing, LLC.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied March 29, 2005.

PER CURIAM:

Eugene Rolfe died in his vehicle when it caught fire after being struck from behind by a truck driven by Robert Winger. Mr. Rolfe's family brought a wrongful death action against Winger, his employer Prairie Framing, LLC, and various other defendants. Truck Insurance Exchange (TIE) petitioned for a declaratory judgment that it owed no duty to defend and indemnify Prairie...

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