HOCHMAN v. AMERICAN FAMILY INS. CO.

No. 55,654

9 Kan. App. 2d 151 (1984)

673 P.2d 1200

MYRON HOCHMAN and MARTIN HOCHMAN, Appellants, v. AMERICAN FAMILY INSURANCE COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed January 5, 1984.


Attorney(s) appearing for the Case

John W. Mize, of Clark, Mize & Linville, Chartered, of Salina, for the appellants.

Jeffrey E. King and Robert M. Adrian, of King, Adrian & King, Chartered, of Salina, for the appellee.

Before FOTH, C.J.; TERRY L. BULLOCK, District Judge, Assigned; and FREDERICK WOLESLAGEL, District Judge, Retired, Assigned.


BULLOCK, J.:

Myron Hochman insured a $30,000 combine owned both by Myron and his father Martin with the American Family Insurance Company under a replacement cost policy. On July 9, 1981, the combine caught fire. The fire was extinguished before the combine was a total loss. The cost of repairing the combine at the repair shop Myron chose was $19,582. American now concedes it wrongly treated the policy as a "value" policy rather than a replacement cost policy. In...

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