[DOWNLOAD] "Western Casualty and Surety Company v. D" by En Banc Supreme Court of Missouri # Book PDF Kindle ePub Free

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eBook details

• Title: Western Casualty and Surety Company v. D
• Author : En Banc Supreme Court of Missouri
• Release Date : January 16, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appellant, Western Casualty and Surety Company, filed a suit for declaratory judgment to determine whether a loss sustained by its insured, D & J Enterprises, was covered by one of its policies. The trial court found that the loss was covered by the policy. The Western District of the Court of Appeals reversed and remanded with direction to enter judgment in favor of Western Casualty. The cause was transferred here by order of this Court and is decided here ""the same as on original appeal."" Mo. Const. art. V, § 10. In December 1980, an employee of D & J was driving a truck owned by D & J and was pulling a leased trailer. D & J was being paid by Garney Company to haul a bulldozer leased by Garney from another company. During the haul, the driver drove under an overpass that had a clearance that was insufficient to allow the bulldozer to go through. The bulldozer struck the overpass, causing three log chains to break and a part of the bulldozer to drop, thereby damaging the trailer. Also, several bolts that were used to attach the fifth wheel on the tractor were sheared off.

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