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BORING v. HAYNES

No. 46,370

209 Kan. 413 (1972)

496 P.2d 1385

DOROTHY V. BORING, INDIVIDUALLY, and DOROTHY V. BORING, PARENT and NATURAL GUARDIAN OF GERALD H. BORING, a Minor, Appellants, v. STUART ALFRED DOUGLAS HAYNES, AS THE REPRESENTATIVE UNDERWRITER FOR LLOYD'S OF LONDON, Appellee.

Supreme Court of Kansas.

Opinion filed May 6, 1972.

Attorney(s) appearing for the Case

Terry O'Keefe, of Wichita, argued the cause, and Dale Kidwell and Walter C. Williamson, both of Wichita, were with him on the brief for the appellants.

Byron Brainerd, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action by the beneficiaries under a group policy of accident insurance for recovery of death benefits. Plaintiffs contend the insured's death was occasioned by accidental bodily injury; defendant insurer denies this assertion and says it was caused directly or indirectly, wholly or partly by disease.

The trial court sustained defendant's motion for summary judgment and plaintiffs have...

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