UNITED STATES FIDELITY & GUAR. v. CONTINENTAL INS

No. 48,983

1 Kan. App. 2d 722 (1977)

573 P.2d 1106

UNITED STATES FIDELITY & GUARANTY COMPANY, a Corporation, Appellee, v. CONTINENTAL INSURANCE COMPANY, a Corporation, Appellant.

Court of Appeals of Kansas.

Opinion filed December 16, 1977.


Attorney(s) appearing for the Case

Christopher Randall of Turner, Hensley and Boisseau, Chartered, of Great Bend, for the appellant.

Edward Larson of Jeter and Larson, of Hays, for the appellee.

Before HARMAN, C.J., ABBOTT and SPENCER, JJ.


SPENCER, J.:

This action was brought to determine whether appellee's insured, Stanley Pfannenstiel, as a second permittee, was a permissive user under the omnibus clause of an automobile liability insurance policy issued to Clarence J. Rohr by appellant.

No substantial dispute exists as to the facts of this case, which were found by the trial court to be as follows:

"... On July 14, 1972, Gary L. Rohr, a fifteen-year-old boy with a restricted driver...

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