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ST. FRANCIS HOSPITAL & SCHOOL OF NURSING, INC v. ECKMAN

No. 46,765

212 Kan. 131 (1973)

510 P.2d 175

ST. FRANCIS HOSPITAL AND SCHOOL OF NURSING, INC., Appellant and Cross-Appellee, v. JOHN ECKMAN and VERGIE N. ECKMAN, Defendants, and UNITED BENEFIT LIFE INSURANCE COMPANY, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

Lawrence McDonough, of Jochems, Sargent & Blaes, of Wichita, argued the cause, and J. Francis Hesse, of the same firm, was with him on the brief for the appellant and cross-appellee.

Rodney R. Hatter, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Robert M. Siefkin, of the same firm, was with him on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

FONTRON, J.:

The overall issue presented in this appeal is the construction of an exclusionary clause contained in a group health and accident policy. There is no dispute of fact.

John Eckman was employed by Harper Trucks, Inc., a business concern which was subject to the provisions of the Kansas Workmen's Compensation Act, herein referred to as the Act. In addition, Harper Trucks, Inc., had secured for the...

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