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ST. AUBYN v. THOGMARTIN

No. 45,809

206 Kan. 62 (1970)

476 P.2d 248

RAYMOND ST. AUBYN, by and Through His Mother and Natural Guardian and Next Friend, LA VAUGHN ST. AUBYN PENNINGTON, Plaintiff, v. SUSAN BROWNFIELD THOGMARTIN, EDWARD MYER and ALLSTATE INSURANCE COMPANY, Defendants, and FRANK ENGLER, Appellee (Defendant and Third Party Plaintiff), v. PACIFIC INSURANCE COMPANY OF NEW YORK, Appellant (Third Party Defendant).

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

John Jurcyk, of McAnany, Van Cleave and Phillips, of Kansas City, argued the cause, and Willard L. Phillips of the same firm was with him on the brief for the appellant.

Charles O. Thomas, of Weeks, Thomas, Lysaught, Bingham and Johnston, chartered, of Kansas City, argued the cause, and Leonard O. Thomas of the same firm was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This appeal involves the duty of a liability insurance carrier to defend, and its liability to pay any judgment rendered against, a particular defendant in an automobile negligence action. The single issue is the applicability of a "fellow employee" exclusionary clause in the carrier's policy.

From an adverse judgment following trial to the court on this limited aspect, the insurance carrier, Pacific...

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