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NEW HAMPSHIRE INS. CO. v. AMERICAN EMPLOYERS INS. CO.

No. 46,178

208 Kan. 532 (1972)

492 P.2d 1322

NEW HAMPSHIRE INSURANCE COMPANY, Appellant, v. AMERICAN EMPLOYERS INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1972.

Attorney(s) appearing for the Case

J.H. Eschmann, of Ascough, Bausch and Eschmann, of Topeka, argued the cause and was on the brief for the appellant.

Herbert A. Marshall, of Marshall, Hawks, McKinney and Hundley, of Topeka, 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 for contribution brought by one insurance company against another arising out of fire damage to property upon which each insurer paid the loss. Contribution was denied and the plaintiff insurer has appealed. Essentially, the issue is whether there was overlapping or common coverage requiring contribution.

With a single exception the facts before the trial court were stipulated...

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