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HESHION MOTORS, INC v. TRINITY UNIVERSAL INS. CO.

No. 50,988

5 Kan. App. 2d 432 (1980)

618 P.2d 327

HESHION MOTORS, INC., Appellee, v. TRINITY UNIVERSAL INSURANCE COMPANY, Appellant. Affirmed as modified , (1981).

Court of Appeals of Kansas.

Opinion filed October 24, 1980.

Attorney(s) appearing for the Case

Ron Bodison, Barry W. McCormick, and J. Eugene Balloun of Payne & Jones, Chartered, of Olathe, for the appellant.

Robert B. Van Cleave of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellee.

Before FOTH, C.J., SWINEHART, J., and HARMAN, C.J. Retired, sitting by designation.

HARMAN, C.J. Retired:

This is a declaratory judgment action in which an insurer appeals from a ruling made on summary judgment that its policy provided coverage for a motor vehicle which was stolen from the policyholder by means of false pretenses. The primary issue is whether the insured had "full and valid title" prior to loss of the automobile, within the meaning of an exclusionary clause in the policy, despite the fact certificate of title had not been assigned...

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