(DOWNLOAD) "Schuh Catering v. Commercial Union" by Eastern District, Division Two Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: Schuh Catering v. Commercial Union
- Author : Eastern District, Division Two Court of Appeals of Missouri
- Release Date : January 05, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Commercial Union Insurance Company appeals from the denial of its motions to set aside a default judgment rendered against it. We reverse and remand. Schuh Catering, Inc. filed suit against Commercial and American States Insurance Company seeking a declaratory judgment that their policies of insurance covered a loss sustained by Schuh as the result of work improperly done by a contractor. Commercial had issued a General Liability, Auto and Boiler and Machinery Policy to Schuh, which Schuh contended provided coverage for the loss incurred. American States had issued a general commercial liability policy covering the contractor involved. Service as to both defendants was made on the Missouri Director of Insurance as provided for in Rule 54.15 and § 375.261 RSMo 1994. The sheriff's return of service reflected such service and, as to American States, included an affidavit of the clerk in the office of the Director of Insurance that she had notified that defendant of the action by certified mail. No similar affidavit appears in the record as to Commercial.