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FARMERS INS. CO. v. SCHILLER

No. 49,410

3 Kan. App. 2d 87 (1979)

589 P.2d 641

FARMERS INSURANCE COMPANY, INC., Appellee, v. JOHN R. SCHILLER, Appellant, and ROBERT V. MOORE; J.F. HAILE, Center Director of Veterans Administration Hospital, Bay Pines, Florida, Defendants. Reversed .

Court of Appeals of Kansas.

Opinion filed January 26, 1979.

Attorney(s) appearing for the Case

Harold S. Youngentob and Gerald L. Goodell, of Goodell, Cogswell, Stratton, Edmonds, Palmer & Wright, of Topeka, for the appellant.

J.H. Eschmann, of Ascough, Bausch & Eschmann, of Topeka, for the appellee.

Before FOTH, C.J., REES and PARKS, JJ.

PARKS, J.:

This declaratory judgment action involves a dispute between the plaintiff, Farmers Insurance Company, Inc., and the defendant, John R. Schiller, concerning the construction of the "omnibus clause" contained in an automobile insurance policy issued to Robert L. Hester. Plaintiff seeks a determination of its rights and liabilities under the policy. The trial court found no coverage which would provide benefits to the defendants, and entered summary judgment...

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