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DeWITT v. YOUNG

No. 51,980

229 Kan. 474 (1981)

625 P.2d 478

EDNA DeWITT, Plaintiff, v. RAYMOND M. YOUNG d/b/a RAY'S MOTOR SERVICE, Third-Party Plaintiff and Defendant-Appellee, v. TRACY D. RIDGEWAY, Defendant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Third-Party Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed March 25, 1981.

Attorney(s) appearing for the Case

J.H. Eschmann, of Ascough, Bausch, Eschmann, of Topeka, argued the cause and John. A. Bausch, of the same firm, was with him on the brief for the appellee.

John R. Martin, of Ralston & Frieden, of Topeka, argued the cause and was on the brief for the appellant.

Wayne T. Stratton and Charles R. Hay, both of the firm of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, were on the brief for amicus curiae Farm Bureau Insurance.

The opinion of the court was delivered by

HERD, J.:

This is an action for damages arising out of an automobile accident. State Farm Mutual Automobile Insurance Company, third-party defendant, appeals from the trial court's holding that household and garage shop exclusion clauses in a standard automobile liability insurance policy are contrary to public policy and void under the Kansas Automobile Injury Reparations Act. K.S.A. 1980 Supp. 40-3101 et seq....

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