Esther Zook, Plaintiff/Respondent, v. CNA Insurance Company, d/b/a Continental Assurance Company, Defendant/Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Esther Zook, Plaintiff/Respondent, v. CNA Insurance Company, d/b/a Continental Assurance Company, Defendant/Appellant. Case Number: 73063 Handdown Date: 07/14/1998 Appeal From: Circuit Court of the City of St. Louis, Hon. Daniel T. Tillman Counsel for Appellant: James E. Whaley and John P. Rahoy Counsel for Respondent: Robert D. Huelskamp Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. R. Dowd, Jr., P.J., Simon and Hoff, J.J., concur. Opinion: ORDER Defendant, CNA Insurance Companies, d/b/a/ Continental Assurance Company, appeals from a judgment in favor of Plaintiff, Esther Zook, awarding her the sum of $100,000.00, plus prejudgment interest in the amount of $57,254.79. Defendant alleges two points of error: (1) the trial court erred in declaring a contract existed between Mervin Zook and Defendant because Mr. Zook failed to satisfy all conditions precedent to receiving coverage; and (2) the trial court erred in concluding that alleged ambiguities in an application for insurance and conditional premium receipt may be construed to create a contract of insurance. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum for their information only, setting forth the facts and reasons for this order. The judgment is affirmed pursuant to Rule 84.16(b). Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.