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RECTOR v. HUSTED

No. 47,198

214 Kan. 230 (1974)

519 P.2d 634

BEVERLY J. RECTOR, Plaintiff-Appellee, v. CHARLES B. HUSTED, Defendant-Appellee, and ST. PAUL INSURANCE COMPANIES, Garnishee-Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Myron L. Listrom, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, argued the cause and was on the brief for the appellant.

James E. Benfer, of Fisher & Benfer, Chartered, of Topeka, argued the cause, and Charles S. Fisher, Jr., and Robert D. Ochs, of the same firm, were on the brief for the appellee, Beverly J. Rector.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a garnishment action wherein the plaintiff recovered a judgment against an insurance carrier for that portion of the plaintiff's judgment in excess of policy limits.

Beverly J. Rector (plaintiff-appellee) recovered a judgment for $12,500 against Charles B. Husted (defendant-appellee). Husted's insurer, St. Paul Insurance Companies (appellant) defended the case under the obligations...

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