UPLAND MUTUAL INSURANCE, INC. v. NOEL

No. 47,152

214 Kan. 145 (1974)

519 P.2d 737

UPLAND MUTUAL INSURANCE, INC., Appellant, v. RAYMOND E. NOEL; VIOLA J. NOEL; FREDRICK L. FORRESTER, JR., a minor; FREDRICK L. FORRESTER, SR., and MARJORIE FORRESTER, heirs at law of Mary E. Forrester, deceased, Appellees.

Supreme Court of Kansas.

Opinion filed March 2, 1974.


Attorney(s) appearing for the Case

Jerry G. Elliott, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and John E. Foulston, of the same firm, and William A. Guilfoyle, of Lehman and Guilfoyle, of Abilene, were with him on the brief for the appellant.

Lee Hornbaker, of Harper, Hornbaker and Abbott, of Junction City, argued the cause, and Steven Hornbaker, of the same firm, and John P. Dieter, of Abilene, were with him on the brief for the appellees, Raymond E. Noel and Viola J. Noel.

Evart Mills, of Mills and Mills, of McPherson, argued the cause, and was on the brief for the appellees, Fredrick L. Forrester, Jr., Frederick L. Forrester, Sr., and Marjorie Forrester.


The opinion of the court was delivered by

PRAGER, J.:

This is a declaratory judgment action brought by Upland Mutual Insurance, Inc., seeking a determination of whether or not it has coverage and a duty to defend under a homeowner's insurance policy issued to Raymond E. and Viola J. Noel. On November 28, 1970, a tragic collision occurred between two automobiles in Dickinson county, Kansas. One was a 1965 Chevrolet...

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