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COMMERCIAL UNION INS. CO. v. CITY OF WICHITA

No. 47,576

217 Kan. 44 (1975)

536 P.2d 54

COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK; NEWARK INSURANCE COMPANY OF NEW JERSEY; RELIANCE INSURANCE COMPANY OF PENNSYLVANIA, Appellants, v. THE CITY OF WICHITA and GEORGE LUX, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1975.

Attorney(s) appearing for the Case

Frank C. McMaster, of McMaster and Smith, of Wichita, argued the cause and was on the brief for the appellants.

H.E. Jones, of Hershberger, Jones, Patterson and Thompson, of Wichita, argued the cause, and John Dekker, city attorney, was with him on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

This action arose out of the fire bombing of the Gentry Shop, a Wichita clothing establishment, in the early morning hours of August 10, 1968. Plaintiffs are three insurance companies which had issued fire policies on the establishment and who paid the owner an aggregate of $141,748.01 for the loss sustained. As subrogees they brought this action to recoup the loss from the City of Wichita, the Wichita chief...

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