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CONTINENTAL INS. CO. v. WINDLE

No. 47,238

214 Kan. 468 (1974)

520 P.2d 1235

THE CONTINENTAL INSURANCE CO., Appellant, v. RALPH WINDLE, d/b/a WINDLE FORD COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Robert J. Fleming, of Weir, Angwin & Towner, of Pittsburg, argued the cause and was on the brief for the appellant.

J. Curtis Nettels, of White & Nettels, of Pittsburg, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is a subrogation action to recover the value of a truck destroyed by fire while in defendant's garage for repairs.

Plaintiff had an insurance policy covering the truck which was owned by Borg-Warner Corporation. Under the terms of the policy plaintiff paid the owner of the truck and thereafter instituted this action against defendant under its rights to subrogation. The petition disclosed the...

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