EMPIRE UNDERGROUND STORAGE v. PROTECTIVE NAT. INS.

No. 86-1842-K.

685 F.Supp. 1187 (1988)

EMPIRE UNDERGROUND STORAGE, INC., Plaintiff, v. PROTECTIVE NATIONAL INSURANCE COMPANY OF OMAHA, Defendant.

United States District Court, D. Kansas.

June 8, 1988.


Attorney(s) appearing for the Case

Wm. F. Bradley, Hutchinson, Kan., Steven G. Emerson, Thomas H. Davis, Kansas City, Mo., for plaintiff.

William R. Smith, Wichita, Kan., for defendant.


MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

This matter is before the court on cross-motions for summary judgment. This action involves coverage under an "all risks" insurance policy in a dispute between the insured, Empire Underground Storage, Inc. ("Empire"), plaintiff herein, and the insurer, Protective National Insurance Company of Omaha ("Protective"), defendant herein. The sole issue to be resolved by the court is whether plaintiff has sustained...

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