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BUSEY v. AMERICAN FAMILY MUT. INS.

No. ED 93091.

299 S.W.3d 735 (2009)

BUSEY TRUCK EQUIPMENT, INC., Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE CO., Defendant, and Janey Foust, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

November 24, 2009.

Attorney(s) appearing for the Case

John W. Grimm, Cape Girardeau, MO, for appellant.

Robert J. Wulff, St. Louis, MO, for respondent.

PATRICIA L. COHEN, Judge.

Introduction

Plaintiff Busey Truck Equipment, Inc. ("Busey") brought suit against American Family Mutual Insurance Co. ("Insurance Company") for breach of contract and vexatious refusal to pay1 and Insurance Company's agent, Janey Foust ("Agent"), for negligent failure to procure insurance. Agent filed a motion to dismiss for failure to state a claim...

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