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BURKS v. WHALEN

No. 46,093

208 Kan. 222 (1971)

491 P.2d 940

THERESA M. BURKS and KENNETH L. BURKS, Appellants, v. JOHN P. WHALEN, and MANUFACTURERS AND WHOLESALERS INDEMNITY EXCHANGE, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

Ronald D. Heck, of Michaud and Cranmer, Wichita, argued the cause, and Orval L. Fisher and M. William Syrios, of the same firm, were with him on the brief for the appellants.

Richard I. Stephenson, of Fleeson, Gooing, Coulson and Kitch, Wichita, argued the cause, and John E. Rees, of the same firm, was with him on the brief for the appellee, Manufacturers and Wholesalers Indemnity Exchange.

The opinion of the court was delivered by

FOTH, C.:

The issue presented to the trial court was whether the driver of a truck was using it with the implied permission of his employer at the time he was involved in a collision, so as to bring his use of the truck within the coverage of the "omnibus clause" of the employer's liability insurance policy.

The suit originated as one against both John P. Whalen and Field Queen, Inc., his employer and owner...

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