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HOME LIFE INS. CO. v. CLAY

No. 62,649

13 Kan. App. 2d 435 (1989)

773 P.2d 666

HOME LIFE INSURANCE COMPANY, Plaintiff-Appellant/Cross-Appellee, v. DEAN C. CLAY, Defendant-Appellee, and FIRST NATIONAL BANK OF HOWARD, KANSAS, Defendant-Appellee/Cross-Appellant, v. RELIANCE INSURANCE COMPANY, Third-Party Defendant, and THE KANSAS BANKERS SURETY CO., Third-Party Defendant/Appellant.

Court of Appeals of Kansas.

Petition for review denied June 22, 1989.

Attorney(s) appearing for the Case

Kenneth M. Clark, of Gott, Young & Bogle, P.A., of Wichita, for appellant Home Life Insurance Company.

Michael E. McMahon and J. Michael Morris, of Klenda, Mitchell, Austerman & Zuercher, of Wichita, for appellee First National Bank of Howard.

Thomas L. Theis and Jeffrey W. Jones, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, for appellant Kansas Bankers Surety Co.

Before REES, P.J., DAVIS and LARSON, JJ.

LARSON, J.:

Home Life Insurance Company (Home Life) appeals from a judgment for conversion against Dean C. Clay and First National Bank of Howard (Bank). Bank appeals the amount of the court's allowance in mitigation of damages. Kansas Bankers Surety Co. (KBS) appeals from the court's ruling affording insurance coverage to Bank.

The insurance coverage issue has previously been before this court in Home Life Ins. Co. v. Clay, 11...

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