FOLEY v. UNITED SERVICES AUTOMOBILE ASS'N

No. 41,919

187 Kan. 405 (1960)

357 P.2d 824

JEROLD W. FOLEY and COMMERCE ACCEPTANCE OF ATCHISON, INC., a Corporation, Appellees, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1960.


Attorney(s) appearing for the Case

Harold E. Doherty, of Topeka, argued the cause, and James E. Benfer, of Topeka, was with him on the briefs for the appellant.

J.W. Lowry, of Atchison, argued the cause, and Steadman Ball, William E. Stillings and Robert D. Caplinger, of Atchison, were with him on the briefs for the appellees.


The opinion of the court was delivered by

FATZER, J.:

This was an action to recover the cash value of a Chevrolet automobile and storage charges under an insurance policy issued by the defendant to appellee Jerold W. Foley insuring the car against flood damage under comprehensive features of the policy, and for attorneys' fees under G.S. 1949, 40-2004 and G.S. 1959 Supp., 40-256. Appellee Commerce Acceptance of Atchison, Inc., was named as payee under a loss...

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