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PENALOSA CO-OP EXCHANGE v. FARMLAND MUT. INS. CO

No. 64,042

14 Kan. App. 2d 321 (1990)

789 P.2d 1196

PENALOSA COOPERATIVE EXCHANGE, Appellee, v. FARMLAND MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed April 13, 1990.

Attorney(s) appearing for the Case

Daniel H. Diepenbrock, of Neubauer, Sharp, McQueen, Dreiling & Morain, P.A., of Liberal, for the appellant.

Gerald L. Green, of Gilliland & Hayes, P.A., of Hutchinson, for the appellee.

Before GERNON, P.J., DAVIS, J., and STEVEN P. FLOOD, District Judge, assigned.

Petition for review denied 246 Kan. 768 (1990).

DAVIS, J.:

The defendant, Farmland Mutual Insurance Company, issued a policy insuring plaintiff, Penalosa Cooperative Exchange, against employee dishonesty. Plaintiff filed two claims based upon employee embezzlement for two policy periods. Defendant paid the first claim but denied the second on the grounds that the embezzlement resulted from a series of similar or related acts which, under the policy, constituted...

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