FERGUSON v. PHOENIX ASSURANCE CO.

No. 42,568

189 Kan. 459 (1962)

370 P.2d 379

FORREST D. FERGUSON, Appellee, v. PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1962.


Attorney(s) appearing for the Case

Jack C. Lorenz, of Council Grove, argued the cause, Marlin Brown, of Council Grove, and George V. Allen, of Lawrence, were with him on the briefs for the appellant.

David H. Heilman, of Council Grove, argued the cause and was on the briefs for the appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an action against an insurance company on a Storekeepers Burglary and Robbery Policy for loss of money by safe burglary. The question presented on appeal is whether the loss is covered by the provisions of the policy.

The facts have been stipulated and are not in controversy. The plaintiff, Forrest D. Ferguson (appellee), was insured under a "Storekeepers Burglary and Robbery Policy...

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