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ALLEN v. CONTINENTAL WESTERN INS. CO.

No. SC 93502.

436 S.W.3d 548 (2014)

Ken ALLEN, Janet Allen, and Franklin Quick Cash, LLC, Respondents, v. CONTINENTAL WESTERN INSURANCE COMPANY, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 19, 2014.

Attorney(s) appearing for the Case

Bethany K. Culp , Yvette Boutaugh , Christopher M. Garcia , Hinshaw & Culbertson LLP, St. Louis, for Appellant.

Bradley H. Lockenvitz , Columbia, Frederick H. Schwetye , Frederick H. Schwetye Law Offices LLC, for Respondents.

ZEL M. FISCHER, Judge.

A payday and title lending company, Franklin Quick Cash, LLC, ("Franklin"), was sued for wrongfully repossessing a vehicle. In this subsequent action, Franklin has sued Continental Western Insurance Co. ("Continental Western") to recover the costs of litigating that wrongful repossession suit because Continental Western refused to provide a defense. Franklin's claim for costs is based on a commercial general liability insurance policy that covers...

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