Western Casualty & Surety Co. v. D & J Enterprises, Inc.

DONNELLY, Judge.

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…