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YOUSE v. EMPLOYERS FIRE INS. CO.

No. 38,467

172 Kan. 111 (1951)

238 P.2d 472

C.E. YOUSE, Appellee, v. THE EMPLOYERS FIRE INSURANCE COMPANY, BOSTON, MASSACHUSETTS, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1951.

Attorney(s) appearing for the Case

P.B. McAnany, of Kansas City, argued the cause, and Edwin S. McAnany, Thos. M. Van Cleave, Willard L. Phillips and Thos. M. Van Cleave, Jr., all of Kansas City, were with him on the briefs for the appellant.

Blake A. Williamson, of Kansas City, argued the cause, and James K. Cubbison and Lee Vaughan, both of Kansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action to recover for the loss and damage to a star sapphire ring caused by fire. Plaintiff insured prevailed in the court below and defendant company has appealed.

For convenience, the parties will be referred to as the insured and the company.

Both parties state the sole question for determination to be:

"Is the loss resulting from damage to jewelry, by a fire intentionally...

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