WESTERN CASUALTY & SURETY CO. v. BESHORE

No. 47,399

215 Kan. 467 (1974)

524 P.2d 208

WESTERN CASUALTY AND SURETY COMPANY and WESTERN INDEMNITY COMPANY, INC., Appellees, v. PHILIP BESHORE, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1974.


Attorney(s) appearing for the Case

Orval L. Fisher, of Wichita, argued the cause and was on the brief for the appellant.

John F. Hayes, of Gilliland, Hayes, Goering and Mills, of Hutchinson, argued the cause and was on the brief for the appellees.


The opinion of the court was delivered by

HARMAN, C.:

This is a declaratory judgment action brought by two insurers to determine their liability for medical payments under two automobile policies issued by them. The trial court ruled that by reason of an exclusionary clause the policies afforded no coverage, from which judgment the insured appeals.

The case was submitted to the trial court on stipulated facts. At the time in question appellant Philip...

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