SOUTHGATE ST. BK. & TRUST CO. v. UNITED PAC. INS.

No. 49,496

3 Kan. App. 2d 37 (1979)

588 P.2d 486

SOUTHGATE STATE BANK AND TRUST COMPANY, a Kansas Banking Corporation, Appellee and Cross-Appellant, v. UNITED PACIFIC INSURANCE COMPANY, Appellant and Cross-Appellee.

Court of Appeals of Kansas.

Opinion filed January 5, 1979.


Attorney(s) appearing for the Case

James W. Bouska, of Bouska & Allen, of Overland Park, and Bernard L. Balkin, of Kansas City, Missouri, for the appellant and cross-appellee.

Fred J. Logan, Jr., and Thomas H. Bornholdt, of Cooke, North, Dickson & Bornholdt, Chartered, of Prairie Village, for the appellee and cross-appellant.

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


PARKS, J.:

Plaintiff, Southgate State Bank and Trust Company, is insured under two liability insurance bonds. Primary coverage by Kansas Bankers Surety Company insures plaintiff up to $25,000, while defendant, United Pacific Insurance Company, insures plaintiff against liability in excess of $25,000 but less than $1,675,000. Except for the deductibles and limits of coverage, the language of relevant portions of both bonds is identical. Reasonable legal expenses may...

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