Keisker v. Farmer

DUANE BENTON, Judge.

The circuit court ruled that Trinity Universal Insurance Company — by an “assignment” in its policy — was entitled to an interpled fund, to the exclusion of the policyholder Super Sandwich Shop, Inc. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const, art. V, sec. 10. Reversed and remanded.

I

Trinity insured the Shop, subject to limits of $125,000 on the building, $50,000 on personal property, and $15,000 for business-income loss. The “Commercial Property Conditions” of the policy stated (emphasis added):

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