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Hocker Oil Co. v. Barker-Phillips-Jackson Inc.6/23/1999
Ranger Insurance Co. (Ranger) appeals the judgment entered with respect to Count I of a five-count action brought by Hocker Oil Company, Inc., (Hocker). Hocker cross-appeals with respect to Count II of the judgment. Counts III, IV and V were directed to Barker-Phillips-Jackson, Inc. (Barker-Phillips). There was no Disposition of any claim against Barker-Phillips. Judgment was entered on Counts I and II as permitted by Rule 74.01(b), the trial court finding no just reason for delay. Ranger's appeal is No. 22552. Hocker's appeal is No. 22553.
Pursuant to stipulation, Ranger was designated appellant and Hocker respondent. See Rule 84.04(j), Missouri Rules of Court (1998).
Count I was a breach of contract action directed to an insurance policy Ranger issued to Hocker. Count II was an action for vexatious refusal to pay claims based on that policy. The trial court entered judgment for Hocker on Count I and judgment for Ranger on Count II. This court affirms in No. 22552 and No. 22553.
Facts
Hocker operates a number of service stations and related businesses in Missouri. Some premises on which the businesses are located are owned individually by John Hocker and Phyllis Hocker, president and vice-president, respectively, of Hocker. The corporation owns others. The corporation operates all of the businesses.
Ranger issued an insurance policy for the period February 1, 1987, to February 1, 1988, in which Hocker and Gas Plus, Inc., were named insureds. The policy was entitled "Special Multi-Peril Policy." The policy identified premises operated by Hocker at 29 locations as businesses to which insurance coverage was provided. The business premises for which insurance was provided included Hocker's Ironton, Missouri, station.
On January 12, 1988, a drain plug on an underground gasoline storage tank at the Ironton gasoline station failed. Approximately 2,000 gallons of gasoline were released into the ground. The gasoline migrated onto property owned by Edgar R. Bay and Norma G. Bay adjacent to Hocker's Ironton station. On January 13, 1988, Barker-Phillips, the insurance agent through whom Hocker purchased its insurance policy, notified Ranger of the occurrence. The means of notification was a form entitled "General Liability Loss Notice." It was directed to Ranger and identified the policy to which the loss referred by number and by the insured's name and address.
Ranger replied by letter dated January 21, 1988. Ranger's letter referred to a policy endorsement, GU271. Ranger concluded that by reason of the endorsement "there is no coverage for this loss." Policy endorsement GU271 is part of the policy Ranger issued to Hocker. The endorsement states that the policy's coverage does not apply:
(1) to bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants:
(a) at or from premises owned, rented or occupied by the named insured;
(b) at or from any site or location used by or for the named insured or others for the handling, storage, disposal, processing or treatment of waste;
(c) which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for the named insured or any person or organization for whom the named insured may be legally responsible; or
(d) at or from any site or location on which the named insured or any contractors or subcontractors working directly or indirectly on behalf of the named insured are performing operations:
(i) if the pollutants are brought on or to the site or location in connection with such operat
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