U.S. FIDELITY & GUARANTY CO. v. CONTINENTAL INS. CO.

No. 47,347

216 Kan. 5 (1975)

531 P.2d 9

UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, STANLEY E. PFANNENSTIEL, a minor, by CONNIE E. PFANNENSTIEL, his Father and next friend, and CONNIE E. PFANNENSTIEL, Appellees, v. CONTINENTAL INSURANCE COMPANY, a corporation, CLARENCE J. ROHR, GARY L. ROHR, a minor, Appellants, and LARRY MORRIS, Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1975.


Attorney(s) appearing for the Case

Edwin P. Carpenter, of Topeka, argued the cause, and Lee Turner and Raymond L. Dahlberg, of Turner, Chartered, of Great Bend, were on the brief for the appellants.

Thomas C. Boone, of Hays, argued the cause for appellee Larry Morris; Edward Larson, of Jeter and Larson, of Hays, argued the cause for appellee United States Fidelity and Guaranty Company; all appellees, including Stanley E. Pfannenstiel and Connie E. Pfannenstiel, represented by Robert F. Glassman, of Hays, joined in and adopted appellants' brief.


The opinion of the court was delivered by

HARMAN, C.:

This is a declaratory judgment action wherein the parties seek determination whether defendant-appellant Continental Insurance Company's policy covers plaintiff-appellee Stanley E. Pfannenstiel, including the corresponding duty to defend him in a separate damage action. The trial court dismissed the action and this appeal ensued.

Initially, the parties and...

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