VARGAS v. NAUTILUS INS. CO.

No. 65423.

811 P.2d 868 (1991)

248 Kan. 881

Thomas Robert VARGAS, formerly d/b/a Robert's Body Shop and Sales, and Peoples National Bank, Appellants, v. NAUTILUS INSURANCE COMPANY, a foreign corporation, Chris-Leef General Agency, and Bud Hamm Insurance & Real Estate, Inc., Appellees.

Supreme Court of Kansas.

May 24, 1991.


Attorney(s) appearing for the Case

Rex A. Sharp, Liberal, argued the cause and was on the briefs, for appellant Vargas.

Richard R. Yoxall, of Yoxall, Antrim & Yoxall, Liberal, argued the cause and was on the brief, for appellant Peoples Nat. Bank.

William J. Gotfredson, of Knipmeyer, McCann, Smith, Manz & Gotfredson, Kansas City, Mo., argued the cause, and Michael T. Halloran, of the same firm, was with him on the brief, for appellee Nautilus Ins. Co.

Steven G. Piland, of Field, Gentry, Benjamin & Robertson, P.C., Overland Park, argued the cause, and Lee M. Baty, of the same firm, was with him on the brief, for appellee Chris-Leef General Agency.

David J. Morgan, of Hershberger, Patterson, Jones & Roth, Wichita, argued the cause and was on the brief, for appellee Bud Hamm Ins. & Real Estate, Inc.


ABBOTT, Justice:

The plaintiffs, Thomas Robert Vargas, and Peoples National Bank (Bank), appeal from summary judgment granted in favor of Nautilus Insurance Company (Nautilus), Chris-Leef General Agency (Chris-Leef), and Bud Hamm Insurance & Real Estate, Inc., (Hamm). At issue is whether an insurance policy on a building and its contents was in force on the date the building and contents were destroyed by fire. Also at issue is the Bank's status under the policy...

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