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MARYLAND CAS. CO. v. AMERICAN FAMILY INSURANCE GROUP

No. 44,762

199 Kan. 373 (1967)

429 P.2d 931

MARYLAND CASUALTY COMPANY, a Corporation, Appellee and Cross Appellant, v. AMERICAN FAMILY INSURANCE GROUP OF MADISON, WISCONSIN, a Corporation, Appellant and Cross Appellee.

Supreme Court of Kansas.

Opinion filed July 12, 1967.

Attorney(s) appearing for the Case

Charles L. Davis, Jr., of Topeka, argued the cause, and Byron M. Gray and Robert D. Hecht, of Topeka, were with him on the brief for the appellant and cross appellee.

James C. Wright, of Topeka, argued the cause, and Warren Shaw, William Hergenreter and Carl W. Quarnstrom, of Topeka, were with him on the brief for the appellee and cross appellant.

The opinion of the court was delivered by

O'CONNOR, J.:

This action involves a dispute between the plaintiff, Maryland Casualty Company, and the defendant, American Family Insurance Group, and presents for determination the question of coverage, if any, under the defendant's policy on a 1953 Plymouth automobile.

The facts giving rise to this dispute have been stipulated. On May 9, 1963, the defendant's insured, LaMotte Shaw, owner of the Plymouth,...

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