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SMART v. HARDWARE DEALERS MUTUAL FIRE INSURANCE CO.

No. KC-1149.

181 F.Supp. 575 (1960)

Douglas A. SMART, Jr., Plaintiff, v. HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY, Defendant.

United States District Court. D. Kansas.

March 16, 1960.

Attorney(s) appearing for the Case

Steadman Ball (of Ball, Lowry, Stillings & Caplinger) and Maurice P. O'Keefe and Terrence D. O'Keefe (of O'Keefe, Root, McKelvy & O'Keefe), Atchison, Kan., for plaintiff.

J. D. James and Joseph R. Hogsett (of Hogsett, Houts, James, Randall & Hogsett), Kansas City, Mo., and Donald C. Little (of Bates & Little), Kansas City, Kan., for defendant.

ARTHUR J. STANLEY, Jr., District Judge.

This is an action for recovery on a policy of insurance issued by the defendant Hardware Dealers Mutual Fire Insurance Company, hereinafter referred to as insurer. The policy of insurance provided coverage on a commercial building belonging to the plaintiff, which was located in Atchison, Kansas. Through an extended coverage endorsement, the additional risk of damage caused by "windstorm" was included. During the night of July...

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