Employers Mutual Casualty Co. v. El Dorado Springs R-2 School District

ORDER DISMISSING COMPLAINT

COLLINSON, District Judge.

This is a diversity action for a declaratory judgment filed by an insurance company to determine the extent of its liability for the destruction of the insured property. After plaintiff issued a policy insuring defendant school district’s property, a high school building and its contents, insured for $169,000.00 and $20,000.00 respectively, were destroyed according to plaintiff, “by reason of an explosion.”

*670Section 379.140, RSMo 1959, V.A.M.S., provides that when an insured building is totally destroyed by fire no proof of actual loss is…