FORUM INS. CO. v. SEITZ AVIATION, INC.

No. 59,598

241 Kan. 334 (1987)

737 P.2d 29

FORUM INSURANCE COMPANY, a corporation, Appellant, v. SEITZ AVIATION, INC., a corporation, et al., Appellees.

Supreme Court of Kansas.

Opinion filed May 1, 1987.


Attorney(s) appearing for the Case

Larry Kaplan, of Conklin & Adler, Ltd., of Chicago, Illinois, argued the cause, and James F. Murphy and Robert J. Verrando, of the same firm, and William L. Oliver, of Martin, Pringle, Oliver, Wallace & Swartz, of Wichita, were on the briefs for appellant.

John L. Carmichael, of Turner & Boisseau, Chartered, of Wichita, argued the cause and was on the brief for appellees Seitz Aviation, Inc., Charles Seitz, and C & J Enterprises.

John E. Cowles, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause, and Donald R. Newkirk, of the same firm, was with him on the brief for appellees Ranson & Company, J & J Partnership, and Jack Ranson.

James A. Walker, of Triplett, Woolf & Garretson, of Wichita, argued the cause and was on the brief for appellee Stephen E. Shogren.

Michael R. Meacham, of Wichita, argued the cause and was on the brief for appellee Estate of George Van Riper.

Dennis L. Gillen, of Depew Gillen & Rathbun, of Wichita, argued the cause, and James T. McIntyre, of the same firm, was with him on the briefs for appellee Nancy Kreutzer.

Brad T. Murphree, of Blair & Murphree, P.A., of Wichita, was on the brief for amicus curiae, Connie C. Bell.


The opinion of the court was delivered by

McFARLAND, J.:

This is a declaratory judgment action brought by Forum Insurance Company seeking a determination of its liability under an aviation insurance policy. The liability question arose when an airplane insured by plaintiff crashed near Wichita on November 12, 1985. Four people were killed in the crash, including the pilot. One passenger, Stephen Shogren, survived...

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