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HANEY v. FIRE INS. EXCHANGE

No. SD 29098.

277 S.W.3d 789 (2009)

Dale HANEY, Jonathan Haney, and Shannon Haney, Appellants, v. FIRE INSURANCE EXCHANGE, Napoleon Roybal, and Apex Environmental Consultants, Inc., Respondents.

Missouri Court of Appeals, Southern District, Division One.

February 9, 2009.

Attorney(s) appearing for the Case

Roger A. Johnson, Eryn M. Peddicord, Johnson & Vorhees, LLC, Joplin, for Appellants.

William J. Lasley, Flanigan, Lasley & Moore, LLP, Joplin, for Respondent Fire Insurance Exchange.

Jeffrey W. Laney, Haden, Cowherd & Bullock, L.L.C., Springfield, for Respondent Napoleon Roybal.

James C. Morrow, Peggy A. Wilson, Morrow, Willnauer & Klosterman, L.L.C., Kansas City, for Respondent Apex Environmental Consultants.

Before BARNEY and BATES, JJ., and SCOTT, P.J.

PER CURIAM.

Plaintiffs sued Defendants Fire Insurance Exchange (FIE), Roybal, and Apex for mold exposure. After several years of legal maneuvering irrelevant to this appeal, the action was dismissed for failure to state a claim. Plaintiffs appeal.

General Allegations

On April 15, 2001, a tornado tore the roof from a home owned by Gay and Larry Taylor and insured by FIE. The Taylors hired Plaintiffs, d/b/a Haney Construction, to assess and fix the...

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