Legal Opinion

Benningfield v. Avemco Insurance Co.

Missouri Court of Appeals

Decided January 30, 1978No. 29332PublishedCited by 13 opinions

1Opinion of the Court

DONALD B. CLARK, Special Judge.

Appellants appeal the order of the trial court sustaining respondent’s motion for judgment on the pleadings and dismissing plaintiffs’ petition. Facts necessary to address the controversy are not in dispute, the issue being one of application of contract provisions of respondent’s insurance policy to conceded facts.

During the relevant time period, respondent had issued to appellants and there was in force Aircraft Policy No. AVI-0115 47 insuring a 1965 Cessna Skyhawk owned by appellants. While operating a borrowed aircraft identified as a 1963 Musketeer,…

2Cases cited4 opinions

  1. Farmers Alliance Mutual Insurance Co. v. ReedMissouri Court of Appeals · 1975
  2. Northwestern Mutual Insurance Co. v. HaglundMissouri Court of Appeals · 1965
  3. Tomnitz v. Employers' Liability Assurance Corp.Supreme Court of Missouri · 1938
  4. Richardson v. Employers Mut. Liability Ins. Co. of WisconsinMissouri Court of Appeals · 1954

3Cited by13 opinions

  1. Trainwreck West Inc. v. Burlington Insurance Co.Missouri Court of Appeals · 2007
  2. Reliance Insurance Company, a Corporation v. Shenandoah South, Inc., Gary Snadon, Richard Gallagher, Eugene Bicknell and C. Wayne NewtonCourt of Appeals for the Eighth Circuit · 1996
  3. Allstate Insurance Company v. Tonja Blount Nathan Smith Andrew J. Grimes Barbara Grimes Mitchell Y. ChoiCourt of Appeals for the Eighth Circuit · 2007
  4. Robert C. Newyear v. The Church Insurance CompanyCourt of Appeals for the Eighth Circuit · 1998
  5. State Farm Fire and Casualty Company v. National Research Center for College and University Admissions Donald MunceCourt of Appeals for the Eighth Circuit · 2006

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