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GROHUSKY v. ATLAS ASSURANCE CO.

No. 44,227

195 Kan. 626 (1965)

408 P.2d 697

JAMES E. GROHUSKY, Appellee and Cross-Appellant, v. ATLAS ASSURANCE COMPANY, LTD., Appellant and Cross-Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1965.

Attorney(s) appearing for the Case

Everett Fritz, of Kansas City, argued the cause and was on the briefs for appellant.

J.W. Mahoney, of Kansas City, argued the cause, and David W. Carson and John K. Dear, of Kansas City, were with him on the briefs for appellee-cross-appellant.

The opinion of the court was delivered by

FATZER, J.:

This was an action to recover damages for the tortious breach of a fire insurance contract issued by the Atlas Assurance Company, Ltd., of Chicago, Illinois. The jury returned a verdict in favor of the plaintiff in the amount of $2,217.04 actual damages, and awarded him punitive damages in the sum of $1,000.00.

The facts are briefly summarized: Plaintiff had a fire loss on September 27, 1961, damaging...

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