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J.C. PENNEY LIFE v. TRANSIT CAS. CO.

No. WD 69819.

299 S.W.3d 668 (2009)

J.C. PENNEY LIFE INS. CO., Appellant, v. TRANSIT CASUALTY COMPANY IN RECEIVERSHIP, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 24, 2009.

Application for Transfer Denied January 26, 2010.

Attorney(s) appearing for the Case

James K. Lowry, Esq., Jefferson City, MO, for appellant.

James C. Owen, Esq., Chesterfield, MO, for respondent.

Before DIVISION ONE: ALOK AHUJA, Presiding Judge, JAMES M. SMART and LISA WHITE HARDWICK, Judges.

LISA WHITE HARDWICK, Judge.

This case arises from a proof of claim filed by J.C. Penney Life Insurance Company ("Penney") against the receivership for Transit Casualty Company ("Transit") pursuant to a "Reinsurance Agreement." The Cole County Circuit Court entered a judgment finding that the agreement between Penney's predecessor in interest, Beneficial Fire & Casualty Company (BF & C), and Transit is, in fact, a reinsurance agreement and not a contract of...

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