ARNOLD v. WESTERN CASUALTY & SURETY CO.

No. 46,271

209 Kan. 80 (1972)

495 P.2d 1007

RAYMOND S. ARNOLD, PAUL A. BECKER, EARL K. BRECHT, OWEN W. BRUMLEY, DOUGLAS COOK, FRANK DAILY, MELVIN L. DICK, LEROY EVERITT, CLARENCE J. HULL, ARLEY C. MARTIN, RICHARD L. McGOWEN, BILLIE MYERS, JOE RIOS, RONALD G. ROSS, JOE D. SCOTT, HARLEY SEXTON, CHARLES E. SPARKS, ROBERT J. STEELE, WILLIAM L. STEWART, JOHNNY WHITE, STANLEY C. WHITTLEY, and PAUL L. YOUNG, Appellees, v. ADVENTURE LINE MANUFACTURING COMPANY, INC., Appellee, THE WESTERN CASUALTY AND SURETY COMPANY, FT. SCOTT, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1972.


Attorney(s) appearing for the Case

Richard C. Dearth, of Parsons, argued the cause, and Glenn Jones, also of Parsons, was with him on the brief for the appellant.

Jack L. Goodrich, of Parsons, argued the cause and was on the brief for Adventure Line Manufacturing Company, Inc., appellee.

Charles F. Forsyth, of Fleming and Forsyth, of Erie, was on the brief for Raymond S. Arnold, et. al., appellees.


The opinion of the court was delivered by

FROMME, J.:

This is an appeal from a judgment imposing liability against an insurance company under a general comprehensive liability insurance policy. The primary question is whether an exclusionary clause in the policy eliminated coverage for a fire loss of hand tools owned and used by employees of the insured. The plant of the insured was destroyed by fire. The exclusionary clause is one generally referred to as...

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