Allianz Insurance Company v. Lexington Insurance Company

179 S.W.3d 478, 2005 Mo. App. LEXIS 1862

• Court: Missouri Court of Appeals
• Decided: December 20, 2005
• Docket: ED 86039
• Status: Published

Opinion

ORDER

PER CURIAM.

Lexington Insurance Company (Lexington) appeals and Allianz Insurance Company, Commonwealth Insurance Company, and TIG Insurance Company (collectively Plaintiffs) cross-appeal from a trial court judgment entered in favor of Plaintiffs and against Lexington on Plaintiffs’ First Amended Petition alleging breach of contract and seeking a declaratory judgment as to the number of occurrences that resulted in certain losses. We have reviewed the briefs of the parties and the record on appeal and conclude that the trial court did not err in determining that the Midway Loss and the Savage Loss resulted from two occurrences and in not awarding Plaintiffs prejudgment interest. An extended opinion would have no prece-dential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Civil Procedure 84.16(b).