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CLAYTON v. ALLIANCE MUTUAL CASUALTY CO.

No. 46,902

212 Kan. 640 (1973)

512 P.2d 507

SANDERS B. CLAYTON, Appellee, v. ALLIANCE MUTUAL CASUALTY COMPANY, Appellant, and DARRELL D. BEDORE. RUBYE CLAYTON, Appellee, v. ALLIANCE MUTUAL CASUALTY COMPANY, Appellant, and DARRELL D. BEDORE. MAX A. CLAYTON, Appellee, v. ALLIANCE MUTUAL CASUALTY COMPANY, Appellant, and DARRELL D. BEDORE.

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

James P. Mize, of Salina, argued the cause, and C.L. Clark, Aubrey G. Linville and C. Douglas Miller, of Salina, were with him on the brief for appellant.

Raymond L. Dahlberg, of Great Bend, argued the cause, and H. Lee Turner and Thomas C. Kelley, of Great Bend, and D.A. Hindman, Stanley Krysl and Wayne McCaslin, guardian ad litem, of Stockton, were with him on the brief for appellees.

The opinion of the court was delivered by

FATZER, C.J.:

At issue is the construction and application of the uninsured motorist provision of automobile insurance policies issued by the appellant, Alliance Mutual Casualty Company (Alliance) to Sanders B. Clayton (Sanders) and Max A. Clayton (Max), two of the appellees herein.

The facts are not in dispute. On October 15, 1968, while riding in an automobile owned and operated by Floyd D. Fix (Fix), the...

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