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FARM BUREAU MUT. INS. CO. v. EVANS

No. 52,948

7 Kan. App. 2d 60 (1981)

637 P.2d 491

FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellant, v. KAREN M. EVANS, DAVID EVANS, MIKE EHINGER, DANNY IRELAND, KATHY ROSE, Appellees, and FARMERS INSURANCE COMPANY, INC., Appellant.

Court of Appeals of Kansas.

Petition for review denied March 11, 1982.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, of Overland Park, for appellant Farm Bureau Mutual Insurance Company, Inc.

Edward M. Boyle, of Payne & Jones, Chartered, of Olathe, for appellant Farmers Insurance Company, Inc.

Thomas R. Martindale, of Overland Park, and David P. Woodbury, of Nugent and Short, Chartered, of Overland Park, for appellees Karen M. Evans and David Evans.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and HARMAN, C.J. Retired, assigned.

ABBOTT, J.:

This is an appeal by two automobile liability insurance carriers from an order granting summary judgment against them holding that the respective policies issued by them provided coverage for the accident in question.

The determinative issue in this case is whether liability for bodily injury caused by the throwing of a lighted firecracker (M-80) from the rear of a parked station wagon "arose out of the use of an automobile" so as to be covered...

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