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PATRONS MUT. INS. ASS'N v. HARMON

No. 59,439

240 Kan. 707 (1987)

732 P.2d 741

PATRONS MUTUAL INSURANCE ASSOCIATION, Plaintiff/Appellant/Cross-Appellee, v. RONALD DEAN HARMON, Defendant/Appellee/Cross-Appellant, v. LINDA JO KERL, As Guardian and Next Friend of DAN C. HARMON, a Minor, Intervenor/Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed February 20, 1987.

Attorney(s) appearing for the Case

Allen R. Slater, of Dietrich, Davis, Dicus, Rowlands, Schmitt and Gorman, of Olathe, argued the cause, and John A. Vering, III, of Kansas City, Missouri, was with him on the briefs for plaintiff/appellant/cross-appellee.

Dan L. Wulz, of Bryan, Lykins, Hejtmanek, Hulsey and Wulz, P.A., of Topeka, argued the cause, and Paul H. Hulsey, of the same firm, was with him on the brief for intervenor/appellee/cross-appellant.

Pedro L. Irigonegaray, of Irigonegaray, Eye & Florez, of Topeka, adopted the intervenor's brief for defendant/appellee/cross-appellant.

The opinion of the court was delivered by

LOCKETT, J.:

This is an appeal of a declaratory judgment action in which Patrons Mutual Insurance Association (Patrons) sought to determine if an exclusion in its homeowners insurance policy for bodily injury to an insured applies to the wrongful death claim made by a minor son against his father, who caused the death of the mother. All were insured under the terms of the policy. The district court found that under...

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