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WESTERN MOTOR CO. v. KOEHN

No. 58,803

242 Kan. 402 (1988)

748 P.2d 851

WESTERN MOTOR COMPANY, INC., Plaintiff-Appellant, v. PERRY V. KOEHN, Defendant-Appellee, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Third-Party Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed January 15, 1988.

Attorney(s) appearing for the Case

Quentin E. Kurtz, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause, and William Tinker, of the same firm, and J. Taylor Neushwander, of Garden City, were with him on the briefs for appellants.

Stephen M. Kerwick, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and James M. Armstrong, Roberta R. Johnson, and Jerry G. Elliott, of the same firm, were with him on the briefs for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

The primary issue in this action is the construction of an automobile dealership's insurance policy.

The facts may be summarized as follows. Western Motor Company, Inc., an automobile dealership situated in Garden City, permitted Perry Koehn to test drive a new Buick Riviera on April 23, 1983. Koehn agreed to return the vehicle in an undamaged condition. While driving the Buick, Koehn was involved...

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