From the Circuit Court of the City of St. Louis; Civil Appeal; Judge George Adolf; Reversed and Remanded
Motion for Rehearing Overruled, Transfer Denied September 15, 1983. Application Denied October 18, 1983.
Before Crandall, P.j., Reinhard, Crist, JJ., Clemens, Sr.J.
The opinion of the court was delivered by: Clemens
Suit for summary judgment. Plaintiff-insurer Adriatic Insurance Company prevailed and defendant-insured James Brewer appeals.
Brewer's stolen tractor-trailer outfit had been insured by plaintiff Adriatic; coverage was either 100% as Brewer contends - or only 50% as Adriatic now claims. This depends on whether Brewer had accepted half coverage by another insurer, Transportation Insurers, Inc. (now defunct). The trial court held for Adriatic on the ground Brewer had released it. Brewer has appealed. We reverse.
The issues now raised require us to summarize the facts and trial court proceedings. These in chronological order:
Oct. 10, 1978: Brewer's truck and trailer stolen, and Adriatic's theft policy was then in effect.
Oct. 17, 1978: Transportation Insurers issued a theft policy to Brewer purportedly effective Aug. 15, 1978.
Jan. 18, 1979: Brewer made proof of loss to Adriatic.
Feb. 8, 1979: Brewer's counsel refused to execute a full release to Adriatic; this because Transportation Insurers' possible non-liability.
Feb. 28, 1979: Adriatic's counsel wrote Brewer's counsel stating Transportation Insurers' counsel had denied it had intended to insure theft.
Mar. 15, 1979: Adriatic's half-payment drafts with full release clause sent to Brewer but he returned them.
Apr. 17, 1979: Adriatic sends Brewer's counsel new drafts for half-payment, without full release clause.
July 19, 1979: Transportation Insurers' three alleged co-insurers denied having ...