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SHUNGA PLAZA, INC. v. AMERICAN EMPLOYERS' INS. CO.

No. 45,650

206 Kan. 16 (1970)

476 P.2d 642

SHUNGA PLAZA, INC. and AMERICAN SAVINGS ASSOCIATION OF TOPEKA, KANSAS CORPORATIONS, Appellants, v. AMERICAN EMPLOYERS' INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion on rehearing filed November 7, 1970.

Attorney(s) appearing for the Case

Jerry W. Hannah, of Topeka, argued the cause, and John E. Davis, of Topeka, was with him on the brief for the appellants.

Herbert A. Marshall, of Topeka, argued the cause, and J. Roger Hendrix, of Topeka, was with him on the brief for the appellee.

OPINION ON REHEARING

SYLLABUS BY THE COURT

1. INSURANCE — Transmittal Letter — Endorsement Deleting Item — Return Premium. A covering or transmittal letter accompanying an endorsement to be attached to an insurance policy deleting one item of property will control as to time and conditions of payment of the "return premium," and the necessity for confirmation by the insuring company where the endorsement is silent on such matters...

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