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LORD v. STATE AUTOMOBILE & CASUALTY UNDERWRITERS

No. 46,099

208 Kan. 227 (1971)

491 P.2d 917

DONALD E. LORD, Appellee, v. STATE AUTOMOBILE AND CASUALTY UNDERWRITERS, Des Moines, Iowa, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Turner and Balloun, Great Bend, argued the cause, and Thomas C. Kelley, of the same firm, was with him on the brief for the appellant.

Ralph J. Thorne, of Rauh, Thorne and Robinson, Hutchinson, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This is an action on an insurance policy by the insured against his insurance company for the value of his insured truck, which was totally destroyed in an accident on July 18, 1968.

The case was tried to a jury which found in favor of the plaintiff and fixed the value of the truck at $8,500 at the time of its destruction. The $250 deductible clause was not...

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