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SPRUILL MOTORS, INC. v. UNIVERSAL UNDERWRITERS INS. CO.

No. 46,930

212 Kan. 681 (1973)

512 P.2d 403

SPRUILL MOTORS, INC., Appellant, v. UNIVERSAL UNDERWRITERS INSURANCE CO., Appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

Kenneth C. Havner, of Larry L. Kopke Law Offices, of Great Bend, argued the cause, and Larry L. Kopke, of the same firm, was with him on the brief for the appellant.

Glen Opie, of Great Bend, argued the cause, and Fred L. Conner, also of Great Bend, was with him on the brief for the appellee.

L.M. Cornish, Jr., and Edward B. Soule, of Glenn, Cornish and Leuenberger, of Topeka, were on the brief for the Kansas Association of Property and Casualty Insurance Companies, Inc., amicus curiae.

The opinion of the court was delivered by

OWSLEY, J.:

This an action by Spruill Motors, Inc., to recover from its insurer, Universal Underwriters Insurance Company, the judgment entered and attorneys' fees incurred in defending a suit brought by a third party. Defendant insurance company refused to defend plaintiff insured because the petition alleged acts outside the coverage of plaintiff's liability insurance policy.

On November 15, 1968, Spruill...

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