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DOBSON v. LARKIN HOMES, INC.

No. 66,086

251 Kan. 50 (1992)

832 P.2d 345

KENNETH L. DOBSON, JR., and ELIZABETH C. DOBSON, Appellants, v. LARKIN HOMES, INC., and ARMED FORCES INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed May 22, 1992.

Attorney(s) appearing for the Case

David C. Van Parys, of Murray, Tillotson & Van Parys, Chartered, of Leavenworth, argued the cause and was on the brief for appellants.

Arthur A. Stirnaman, of Law Offices of John L. White, of Leavenworth, argued the cause and was on the briefs for appellee Larkin Homes, Inc.

Michael Crow, of Crow, Clothier & Bates, of Leavenworth, was on the brief for appellee Armed Forces Insurance Company.

Ken M. Peterson, Tim J. Moore, and Mark A. Ohlsen, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, were on the brief for amicus curiae Kansas Trial Lawyers Association.

The opinion of the court was delivered by

HERD, J.:

This is a damage suit by Kenneth and Elizabeth Dobson against Larkin Homes, Inc., (Larkin) for a defectively built house and against Armed Forces Insurance Company (AFIC) for denying coverage. Both defendants moved for summary judgment, which the district court granted. The Dobsons appealed to the Court of Appeals. In an unpublished opinion filed November 15, 1991, the Court of Appeals affirmed the district...

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