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LIBERTY MUT. INS. CO v. AMERICAN FAMILY MUT. INS.

No. 49,178

2 Kan. App. 2d 293 (1978)

578 P.2d 284

LIBERTY MUTUAL INSURANCE COMPANY, Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed May 12, 1978.

Attorney(s) appearing for the Case

J. Franklin Hummer of Gray, Freidberg, Davis & Unrein, of Topeka, for appellant.

J. Nick Badgerow of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for appellee.

Before PARKS, P.J., ABBOTT and MEYER, JJ.

MEYER, J.:

On January 1, 1973, Raymond Worrel contracted with Exhibitor's Film Delivery and Service Co., Inc. (EFD) to furnish EFD with six trucks and drivers. Worrel was to obtain liability insurance naming EFD as a co-insured for the term of the contract. Worrel requested an American Family Mutual Insurance Company (AFM) policy co-insuring EFD. Although AFM's exclusive agent assured Worrel that EFD was covered, the AFM policy issued to Worrel did not list EFD as...

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