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RLI INS. CO. v. SOUTHERN UNION CO.

Nos. WD 71851, WD 71874, WD 71972.

341 S.W.3d 821 (2011)

RLI INSURANCE COMPANY, Appellant-Respondent, v. SOUTHERN UNION CO., d/b/a Missouri Gas Energy, Respondent-Appellant.

Missouri Court of Appeals, Western District.

May 31, 2011.

Attorney(s) appearing for the Case

Nikki Cannezzaro , Kansas City, MO, for appellant-respondent.

David R. Schlee , Vincent R. McCarthy and Truman K. Eldridge, Jr. , Kansas City, MO, for respondent-appellant.

Before Division Two: JAMES M. SMART, JR., Presiding Judge, MARK D. PFEIFFER, Judge and CYNTHIA L. MARTIN, Judge.

CYNTHIA L. MARTIN, Judge.

This is an appeal by RLI Insurance Company ("RLI") from an order granting summary judgment in favor of Southern Union Company doing business as Missouri Gas and Energy ("MGE") on a subrogation claim originally asserted by RLI's insured, Triumph Foods LLC ("Triumph"). MGE has filed a cross appeal. Because we conclude that MGE was an intended third party beneficiary of a waiver of subrogation provision in a contract Triumph signed, we affirm...

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