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GOLDEN RULE INS. CO. v. ESTATE OF WESTMEYER

No. 85-1590C(1).

651 F.Supp. 1057 (1987)

GOLDEN RULE INSURANCE COMPANY, Plaintiff, v. ESTATE OF Walter P. WESTMEYER, Deceased, et al., Defendants.

United States District Court, E.D. Missouri, E.D.

January 9, 1987.

Attorney(s) appearing for the Case

Guy E. McGaughey, Jr., McGaughey & McGaughey, Lawrenceville, Ill., James E. Neville, Timothy S. Richards, St. Louis, Mo., for plaintiff.

Maurice B. Graham, Schnapp, Graham & Reid, Fredericktown, Mo., for Estate of Walter P. Westmeyer and Louise Westmeyer.

MEMORANDUM

NANGLE, Chief Judge.

The plaintiff, Golden Rule Insurance Company, seeks a declaration of no coverage for certain hospital charges incurred by the deceased policyholder, Walter P. Westmeyer. In particular, the plaintiff relies upon a clause of the insurance policy excluding coverage for "expenses incurred while in a hospital or institution primarily for custodial or nursing services." The plaintiff also seeks to recover sums mistakenly paid for...

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