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WESTERN CASUALTY & SURETY CO. v. BUDIG

No. 47,091

213 Kan. 517 (1973)

516 P.2d 939

WESTERN CASUALTY & SURETY COMPANY, Appellant, v. JACK L. BUDIG, ERNEST HAMMERSCHMIDT and ROGER HAMMERSCHMIDT, Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

Norbert R. Dreiling and Dennis L. Bieker, of the firm of Dreiling and Bieker, of Hays, were on the brief for the appellant.

Norman W. Jeter, Edward Larson and Joseph W. Jeter, of the firm of Jeter and Larson, of Hays, and John F. Hayes, of Hutchinson, were on the brief for Ernest Hammerschmidt and Roger Hammerschmidt, appellees.

The opinion of the court was delivered by

FROMME, J.:

This is a declaratory judgment action brought to construe the provisions of a liability insurance policy issued to appellee Jack L. Budig covering a 1966 Buick Grand Sport automobile. On stipulated facts the district court held that the liability insurance policy afforded liability coverage to appellee under the provisions of the policy relating to use of other automobiles. Appellee was operating a borrowed...

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