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AMERICAN SURETY COMPANY OF NEW YORK v. GOLD

No. 8225.

375 F.2d 523 (1966)

AMERICAN SURETY COMPANY OF NEW YORK, Appellant, v. Harvey S. GOLD and Earl O. Dearmore, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 18, 1967.

Attorney(s) appearing for the Case

H. E. Jones, Wichita, Kan. (A. W. Hershberger, Richard Jones, Wm. P. Thompson, Jerome E. Jones, Robert J. Roth, William R. Smith, Robert J. O'Connor, Wichita, Kan., with him on brief), for appellant.

Davis S. Carson, Wichita, Kan. (Clarence R. Sowers, John W. Sowers, James P. Johnston, Wichita, Kan., with him on brief), for appellee Harvey S. Gold.

G. Leroy Warner, Wichita, Kan. (Laurence S. Holmes, T. L. O'Hara, Wichita, Kan., with him on brief), for appellee Earl O. Dearmore.

Before MURRAH, Chief Judge, PHILLIPS and HILL, Circuit Judges.

MURRAH, Chief Judge.

This garnishment proceedings brings squarely to issue the question of an insurer's liability in the state of Kansas for a punitive damage judgment on a jury verdict against its insured.

The policy bound the American Surety Company of New York

"To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of: "A. bodily injury, sickness or disease * * * ...

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