CONTINENTAL WESTERN INS. CO. v. CLAY

No. 65476.

811 P.2d 1202 (1991)

248 Kan. 889

CONTINENTAL WESTERN INSURANCE COMPANY, Appellant, v. Mark A. CLAY, Michael D. Johnson, and Mid-Century Insurance Company, Appellees.

Supreme Court of Kansas.

May 24, 1991.


Attorney(s) appearing for the Case

Donald W. Vasos, of Vasos, Kugler & Dickerson, Kansas City, argued the cause and was on the briefs, for appellant.

Monti L. Belot, of Hall, Levy, Lively, DeVore, Belot & Bell, Coffeyville, argued the cause and was on the briefs, for appellee Mid-Century Ins. Co.


McFARLAND, Justice:

This is a declaratory judgment action wherein Continental Western Insurance Company (Continental) seeks to rescind, ab initio, a temporary automobile liability insurance binder issued to Mark Clay. The district court held that: (1) Clay made fraudulent misrepresentations in his application for coverage; (2) Continental had the right of rescission ab initio as to Clay's claim; and (3) Continental's right of rescission does not extend...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases