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FARM BUREAU MUTUAL INS. CO. v. CARR

No. 47,397

215 Kan. 591 (1974)

528 P.2d 134

FARM BUREAU MUTUAL INSURANCE CO., Appellant, v. BOBBY D. CARR and PHYLLIS J. CARR and DUANE BORDWELL d/b/a DUANE'S MOTOR CO., Appellees, HAROLD MORTON and ST. PAUL FIRE AND MARINE INSURANCE CO., Third Party Defendants.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Gerald Sawatzky, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and Robert C. Foulston and Richard D. Ewy, of the same firm, were on the brief for the appellant.

Terry O'Keefe, of Kidwell, O'Keefe and Williamson, Chartered, of Wichita, argued the cause and was on the brief for appellees and cross-appellants Carr.

Philip R. Sturgis, of Wichita, argued the cause, and Jack N. Turner, of Wichita, was on the brief for appellee Duane Bordwell, d/b/a Duane's Motor Co.

The opinion of the court was delivered by

FOTH, C.:

The primary issue in this case is whether an insured who loses his automobile through fraud is entitled to recover its value from his insurance company under his policy's "comprehensive loss" coverage. A secondary issue involves the rights of the insured (or his subrogated insurance carrier) against a third party who innocently purchased the car from the perpetrator of the fraud. Farm Bureau Mutual Insurance...

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