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ALLIANCE MUTUAL CASUALTY CO. v. BAILEY

No. 43,049

191 Kan. 192 (1963)

380 P.2d 413

ALLIANCE MUTUAL CASUALTY COMPANY, Appellee, v. CLAYTON BAILEY, RAYMOND A. WHITEBREAD, BILLY L. SPILLMAN, and ROBERT LIGGETT, Appellants.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

George V. Allen, of Lawrence, argued the cause and was on the briefs for appellant Billy Spillman.

Kermit Beal, of Lawrence, was on the briefs for appellant Raymond A. Whitebread.

L.M. Ascough; John A. Bausch; E. Edward Johnson, and Elwaine Pomeroy, all of Topeka, were on the briefs for appellant Clayton Bailey.

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

The opinion of the court was delivered by

PARKER, C.J.:

The plaintiff, Alliance Mutual Casualty Company, commenced this action for a declaratory judgment, under the provisions of G.S. 1949, 60-3127, against its insured, Raymond A. Whitebread, and other defendants who had claims against the insured as the result of an automobile collision, seeking an adjudication that the insurance policy in question had expired before...

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