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WESTERN CAS. & SUR. CO. OF FORT SCOTT v. WUNDERLICH

No. 33356.

447 S.W.2d 1 (1969)

WESTERN CASUALTY AND SURETY COMPANY OF FORT SCOTT, KANSAS, a corporation, Plaintiff-Appellant, v. Hugo WUNDERLICH et al., Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied October 14, 1969.

Application to Transfer Denied December 8, 1969.

Attorney(s) appearing for the Case

Jackson, Thomasson & Dickerson, Donald P. Thomasson, Cape Girardeau, for plaintiff-appellant.

Limbaugh, Limbaugh & Russell, Oliver, Oliver & Jones, A. J. Seier, Cape Girardeau, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Rader & Grimm, Earl S. Mackey, Cape Girardeau, for defendants-respondents.

Motion for Rehearing or to Transfer to Supreme Court Denied October 14, 1969.

WEIER, Commissioner.

On December 14, 1965, Kenneth Lee Wunderlich, age sixteen years, had the misfortune of being the driver of his father's automobile when it ran off a roadway and overturned. His father, Hugo Wunderlich, had previously applied for and obtained a policy of automobile insurance from Western Casualty and Surety Company which agreed to pay on behalf of the insured...

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