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PACIFIC INDEMNITY CO. v. BERGE

No. 45,778

205 Kan. 755 (1970)

473 P.2d 48

PACIFIC INDEMNITY COMPANY and AVIATION INSURANCE MANAGER, INC., Appellants, v. PAUL VANDEN BERGE, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1970.

Attorney(s) appearing for the Case

F.C. McMaster, of Smith, Stinson, McMaster, Lasswell and Smith, of Wichita, argued the cause, and Gerald D. Lasswell, of the same firm, and F.D. Covell, of Cox, Anderson and Covell, of Mission, were with him on the briefs for the appellants.

Harry E. Robbins, Jr., of Gamelson, Hiebsch, Robbins and Tinker, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Plaintiffs-appellants issued a policy of "Aircraft Hull and Liability" insurance on an aircraft which defendant-appellee had purchased from Yingling Aircraft, Inc., on April 8, 1965. In order to finance the purchase of the aircraft, defendant gave Yingling a conditional sales contract and promissory note.

The policy of insurance, together with a breach of...

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