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CIMARRON INS. CO. v. LOFTUS

No. 51,131

5 Kan. App. 2d 90 (1980)

612 P.2d 1245

CIMARRON INSURANCE COMPANY, INC., Appellant, v. RICHARD J. LOFTUS, EDWARD J. FENTON, WILLIAM NYE, RHONDA HESS, and TRAVELERS INSURANCE CO., Appellees.

Court of Appeals of Kansas.

Opinion filed June 20, 1980.

Attorney(s) appearing for the Case

Tom Kelley and Thomas L. Toepfer of Dreiling, Bieker & Kelley, of Hays, for the appellant.

Christopher Randall of Turner & Boisseau, Chartered, of Wichita, for the appellees William Nye and Rhonda Hess.

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

SPENCER, J.:

Plaintiff, Cimarron Insurance Company, Inc., commenced this action for a declaratory judgment pursuant to K.S.A. 60-257 and 60-1701, seeking a determination of whether coverage was afforded defendant Fenton under the omnibus clause of a policy of automobile liability insurance issued to defendant Loftus.

After discovery was completed, motions for summary judgment were filed and this cause was submitted on the record and the

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