Travelers Indemnity Company v. Chumbley

STONE, Judge.

In this action to recover on a sub-rogation claim for $500, plaintiff, The Travelers Indemnity Company (hereinafter sometimes referred to as Travelers), appeals from the order of the circuit court sustaining the separate motions of defendants, Forest Oakley Chumbley and Elizabeth L. Losinsky, to dismiss plaintiff’s first amended petition for “failure to state a claim upon which relief can be granted.” Rule 55.33; Sec. 509.300. 1 Since the order did not specify otherwise, the dismissal was with prejudice and operated as an adjudication upon the merits. Rule 67.03; Sec. 510.150;…