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MARYLAND CAS. CO. v. ALLIANCE MUT. CAS. CO.

No. 48,547

223 Kan. 674 (1978)

576 P.2d 625

MARYLAND CASUALTY COMPANY, a Corporation, and DeVON PATTERSON, Appellants, v. ALLIANCE MUTUAL CASUALTY COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed April 1, 1978.

Attorney(s) appearing for the Case

Jerry M. Ward, of Ward & Berscheidt, of Great Bend, argued the cause and was on the brief for the appellants.

Ken W. Strobel, of Williams, Larson, Voss, Strobel & Estes, of Dodge City, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This is an action between two insurance companies to determine primary coverage and liability for injuries received in a vehicle loading incident. The injured party was Virgel T. Fakes who was assisting DeVon Patterson in moving heavy oil well pumping equipment from one location to another unit. Fakes sued and recovered a judgment against Patterson for $20,981.10.

Maryland Casualty Company had insured...

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