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MOPERM v. ACC

No. WD 75446.

399 S.W.3d 68 (2013)

MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND, Appellant, v. AMERICAN CASUALTY COMPANY OF READING, Pennsylvania, Respondent.

Missouri Court of Appeals, Western District.

April 30, 2013.

Attorney(s) appearing for the Case

Michael G. Berry , Jefferson City, MO, for appellant.

David P. Ellington , Kevin J. Adrian and Teresa M. Young , St. Louis, MO, for respondent.

Before Division One: GARY D. WITT, Presiding Judge, THOMAS H. NEWTON, Judge and MARK D. PFEIFFER, Judge.

GARY D. WITT, Judge.

Missouri Public Entity Risk Management Fund ("MOPERM") sued American Casualty Company ("ACC") on claims arising out of the settlement of a wrongful death action. MOPERM sought "a declaration as to the amount of ACC's obligation to contribute toward settlement" and judgment in that amount "for the value of the benefit conferred upon ACC." In an amended petition, MOPERM alleged three separate theories of recovery: unjust enrichment, equitable contribution...

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