HERRMAN v. FOLKERTS

No. 45,153

202 Kan. 116 (1968)

446 P.2d 834

PAUL HERRMAN, Plaintiff, Appellee, v. HARVEY FOLKERTS, Defendant, and NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, Garnishee Defendant, Appellant.

Supreme Court of Kansas.

Opinion filed November 9, 1968.


Attorney(s) appearing for the Case

J. Eugene Balloun, of Great Bend, argued the cause, and H. Lee Turner and Max E. Eberhart, both of Great Bend, were with him on the briefs for the appellant.

Ivan D. Krug, of La Crosse, argued the cause and was on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a controversy over the application of an exclusionary clause in a liability insurance policy.

The facts are very limited. It would appear that there was a stipulation as to the facts in the court below which was not made a part of the record on appeal. We must, therefore, consider the facts as stated by the trial court in its memorandum opinion as follows:

"The facts...

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