Legal Opinion

Davies v. Barton Mut. Ins. Co.

Missouri Court of Appeals

Decided October 4, 2017No. SD 34857Published

1Opinion of the CourtDon E. Burrell, J.

*474Barton Mutual Insurance Company ("Insurer") appeals the judgment that awarded Douglas Davies and Lynette Davies ("Homeowners") $255,594 plus interest after a consolidated trial of Homeowners' equitable garnishment action and Insurer's petition for declaratory judgment. See sections 379.200 and 527.010.1 Homeowners' equitable garnishment claim was based upon a judgment they had obtained against the Estate of Keith Broege ("Builder") in a jury trial of a breach of implied warranty of habitability claim based upon defects in a new house Homeowners had purchased from Builder ("the warranty…

2Cases cited20 opinions

  1. White v. Director of RevenueSupreme Court of Missouri · 2010
  2. Krombach v. Mayflower Ins. Co., Ltd.Supreme Court of Missouri · 1992
  3. Pearson v. KosterSupreme Court of Missouri · 2012
  4. Ritchie v. Allied Property & Casualty Insurance Co.Supreme Court of Missouri · 2009
  5. D.R. Sherry Construction, Ltd. v. American Family Mutual Insurance Co.Supreme Court of Missouri · 2010

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