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SUSNIK v. WESTERN INDEMNITY CO.

No. 63,027

14 Kan. App. 2d 421 (1989)

795 P.2d 71

CODY SUSNIK, A MINOR CHILD, BY & THROUGH HIS PARENTS, NATURAL GUARDIANS & NEXT FRIENDS CRAIG SUSNIK & DORIS SUSNIK, AND CRAIG SUSNIK & DORIS SUSNIK, AS INDIVIDUALS, Appellants, v. WESTERN INDEMNITY COMPANY, INC., ANTHONY J. DONNELLY & LORETTA A. DONNELLY, Appellees.

Court of Appeals of Kansas.

Opinion filed September 22, 1989.

Attorney(s) appearing for the Case

Pamela G. Phalen and Fred Spigarelli, of Spigarelli, McLane & Short, of Pittsburg, for appellants.

Leigh C. Hudson, of Hudson, Mullies & Reynolds, of Fort Scott, for appellees.

Before GERNON, P.J., REES, J., and M. KAY ROYSE, District Judge, assigned.

ROYSE, J.:

This is an action for a declaratory judgment. Plaintiffs sought a determination that a homeowners insurance policy issued by defendant Western Indemnity Co., Inc., to defendants Anthony and Loretta Donnelly provided coverage for injuries sustained by Cody Susnik.

Loretta Donnelly began babysitting Craig and Doris Susnik's two children on a regular basis in September 1985. Loretta Donnelly cared for...

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