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AMERICAN STATES INS. v. HARTFORD ACCIDENT & INDEM. CO.

No. 47,784

218 Kan. 563 (1976)

545 P.2d 399

AMERICAN STATES INSURANCE CO., Appellee, v. HARTFORD ACCIDENT AND INDEMNITY CO., Appellant, PIONEER TOWNSHIP, RUSH COUNTY, KANSAS, and PLEASANTDALE TOWNSHIP, RUSH COUNTY, KANSAS, Appellees, v. HARTFORD ACCIDENT AND INDEMNITY CO., (Appellant) and BEN F. SCHEUERMAN d/b/a OTIS REALTY INSURANCE AGENCY; Appellant, (Hartford Only); GREAT AMERICAN INSURANCE COMPANY, Intervenor.

Supreme Court of Kansas.

Opinion filed January 24, 1976.

Attorney(s) appearing for the Case

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Charles E. Cole, Jr., of the same firm was with him on the brief for the appellant.

Raymond L. Dahlberg, of Turner and Hensley, Chartered, of Great Bend, argued the cause, and Lee Turner, of the same firm, and Thomas C. Boone, of Hays, were with him on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

This is a consolidated action in which the plaintiffs, American States Insurance Company (American States), and the Townships of Pioneer and Pleasantdale, Rush County, Kansas (the Townships), on their own behalf and on behalf of American Fidelity Insurance Company (American Fidelity), seek to recover from the defendant, Hartford Accident and Indemnity Company (Hartford), the costs of settling and defending...

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