Janet Winslow Peterson and Linda Winslow Lambright v. Discover Property & Casualty Insurance Company

After a one-car automobile accident on a bridge, two plaintiffs sought damages for wrongful death and personal injuries against, inter alia, the Missouri Highway and Transportation Commission (“MHTC”) and one of its contractors, Progressive Contractors, Inc. (“PCI”). As part of bridge repairs, PCI had cut a hole into which the automobile traveled. Appellant/Cross-Respondent Discover Property and Casualty Insurance Company (“Discover”) is PCI’s insurer and, through an endorsement in the commercial general liability policy, is MHTC’s putative insurer.

This appeal and cross-appeal derive from an…