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GONZALEZ v. ALLSTATE INS. CO.

No. 47,741

217 Kan. 262 (1975)

535 P.2d 919

JACKIE GONZALEZ, Appellant and Cross-Appellee, v. ALLSTATE INSURANCE COMPANY, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1975.

Attorney(s) appearing for the Case

Fred W. Phelps, of Topeka, argued the cause and was on the briefs for the appellant and cross-appellee.

Herbert A. Marshall, of Marshall, Hawks, McKinney and Hendrix, of Topeka, argued the cause, and William T. Nichols, of the same firm, was with him on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

FOTH, C.:

Plaintiff Jackie Gonzalez brought this action against Allstate Insurance Company, with whom he had an automobile collision policy, claiming it had defrauded him in repairing his car after an accident. His complaint is that the company, unbeknown to him, had the repair shop substitute used parts for the new ones he thought would be installed. A jury awarded him $1,500 in actual damages and $25,000 in punitive...

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