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RICHMEIER v. WILLIAMS

No. 55,463

9 Kan. App. 2d 222 (1984)

675 P.2d 372

MONTY RICHMEIER, Plaintiff/Appellee, v. THOMAS W. WILLIAMS, Third-Party Plaintiff/Appellant, v. USAA CASUALTY INS. CO., Thirty-Party Defendant/Appellee.

Court of Appeals of Kansas.

Opinion filed January 26, 1984.

Attorney(s) appearing for the Case

Allen Shelton, of Clark & Shelton, P.A., of Hill City, for the third-party plaintiff/appellant.

Selby S. Soward, of Soward, Foust & Vignery, of Goodland, for third-party defendant/appellee.

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

FOTH, C.J.:

This is an appeal from an order of summary judgment in favor of an insurance company that failed to defend under an automobile liability policy.

On October 28, 1978, Thomas Williams acquired automobile liability coverage under an assigned risk policy written by USAA Casualty Insurance Company. The policy was for a one-year term from October 28, 1978, to October 28, 1979. Williams failed to make the quarterly premium payment due on January 28, 1979...

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