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CLARDY, ADMINISTRATOR v. NATIONAL LIFE & ACCIDENT

No. 48,192

1 Kan. App. 2d 1 (1977)

561 P.2d 892

JAMES CLARDY, ADMINISTRATOR OF THE ESTATE OF LUCY CLARDY, Appellant, v. NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY, A Corporation, Appellee.

Court of Appeals of Kansas.

Opinion filed February 25, 1977.

Attorney(s) appearing for the Case

Charles S. Scott, of Scott, Scott, Scott & Scott, of Topeka, for the appellant.

S. Mark Edwards, of Hoover, Schermerhorn, Edwards & Pinaire, of Junction City, for the appellee.

SWINEHART, J.:

The plaintiff was the duly appointed, qualified and acting administrator of the estate of Lucy Clardy. Lucy Clardy was the beneficiary of a life and accident insurance policy issued by the defendant herein on the life of one Charles E. Johnson. The pertinent provisions of the policy are:

"(4) EXCEPTIONS — No indemnity shall be payable hereunder on account of any disability or loss caused...

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