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AMERICAN STATES INS. CO. v. EHRLICH

No. 56,824

237 Kan. 449 (1985)

701 P.2d 676

AMERICAN STATES INSURANCE COMPANY, A Foreign Corporation, Plaintiff/Appellant, v. LAVERN E. EHRLICH, ARTHUR W. McCORKLE, MARGARET L. SPORLEDER, DAVID A. McCORKLE, BEVERLY J. KINDLER, ESTHER E. HAYNES and JOSEPHINE A. MELRAY, Defendants/Appellees.

Supreme Court of Kansas.

Opinion filed June 21, 1985.

Attorney(s) appearing for the Case

Thomas C. Boone, of Law Offices of Thomas C. Boone, of Hays, argued the cause, and Charles F. Steele, of the same firm, was with him on the brief for appellant.

Russell E. Grant, of Mulvane, argued the cause, and Stephen J. House, of Mulvane, and Daniel D. Metz of Metz & Metz, of Lincoln, were with him on the brief for appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by American States Insurance Company for a declaratory judgment and for rescission of an automobile liability insurance policy relying on a claimed fraudulent misrepresentation by the coinsureds, Lavern E. Ehrlich and Esther McCorkle, that they were husband and wife. The defendants are Lavern E. Ehrlich and the heirs of Esther McCorkle, now deceased.

The facts in the case...

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