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NAUTILUS INS. CO. v. JESSE JAMES FESTIVAL, INC.

No. WD 68956.

269 S.W.3d 442 (2008)

NAUTILUS INSURANCE COMPANY, Respondent, v. JESSE JAMES FESTIVAL, INC., Defendant; Gary Newlun, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 28, 2008.

Application for Transfer Denied December 16, 2008.

Attorney(s) appearing for the Case

Bruce B. Brown, Kearney, MO, for appellant.

Michael D. Hufft, Kansas City, MO, for respondent.

Before DIV I: LOWENSTEIN, P.J., SPINDEN and HOWARD, JJ.

HAROLD L. LOWENSTEIN, Judge.

This case involves an appeal from the grant of summary judgment in favor of an insurance company, Nautilus Insurance Company ("Nautilus"), in its action seeking a declaratory judgment that it had no duty to defend or indemnify its insured, the Jesse James Festival Committee ("JJF"), in an action for personal injury filed by the appellant, Gary Newlun ("Newlun"), for injuries he sustained as a result of his participation in a rodeo sponsored...

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