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CANAL INSURANCE CO. v. SINCLAIR

No. 46,203

208 Kan. 753 (1972)

494 P.2d 1197

CANAL INSURANCE COMPANY, Appellant, v. DANNY SINCLAIR, DAVID SHULTZ and KARL L. HOWARD, a minor, Appellees.

Supreme Court of Kansas.

Opinion filed March 4, 1972.

Attorney(s) appearing for the Case

Don C. Smith, of Dodge City, argued the cause and was on the brief for the appellant.

Jack Dalton, of Mangan and Dalton, of Dodge City, argued the cause and was on the brief for the appellee Sinclair.

Lee Turner and J. Eugene Balloun, of Turner and Balloun, Chartered, of Great Bend, were on the brief for the appellee Shultz.

James A. Williams, of Williams, Larson, Voss and Strobel, of Dodge City, was on the brief for the appellee Howard.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a declaratory judgment action brought by the Canal Insurance Company to determine whether it is obligated on an assigned risk automobile liability insurance policy covering Danny Sinclair as the operator of a non-owned vehicle. The policy was issued as proof of financial responsibility under the provisions of the Kansas Motor Vehicle Safety Responsibility Act.

The Canal Insurance Company...

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