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KOCH, ADMINISTRATRIX v. PRUDENTIAL INS. CO.

No. 45,722

205 Kan. 561 (1970)

470 P.2d 756

ROSA C. KOCH, Administratrix of the Estate of E.G. Koch, Deceased, Appellee, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed June 13, 1970.

Attorney(s) appearing for the Case

J.L. Weigand, Jr., of the firm of Weigand, Curfman, Brainerd, Harris & Kaufman, of Wichita, argued the cause, and Granville M. Bush, of Lyons, was with him on the brief for appellant.

Arthur C. Hodgson, of Lyons, argued the cause, and James G. Kahler, of Lyons, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from an order awarding the appellee-plaintiff an attorney's fee pursuant to K.S.A. 1968 Supp., 40-256. The district court found the appellant-defendant refused without just cause or excuse to pay the full amount of the plaintiff's loss under a group credit life insurance policy issued to J.I. Case Company. The policy insured eligible debtors in the amount of their debt on installment contracts...

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