SLABY v. COX

No. 66,471

250 Kan. 429 (1992)

827 P.2d 18

VYRNON E. SLABY and MARY C. SLABY, as Guardians and Conservators for DEREK E. SLABY, Appellees, v. JASON A. COX and CAROLYN COX, Appellees, and ALLIANCE INSURANCE CO., Appellant/Garnishee.

Supreme Court of Kansas.

Opinion filed February 28, 1992.


Attorney(s) appearing for the Case

Timothy J. Finnerty, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause and was on the briefs for appellant garnishee.

David S. Wooding, of Martin, Pringle, Oliver, Wallace & Swartz, of Wichita, argued the cause, and Terry J. Torline, of the same firm, was with him on the briefs for appellees Vyrnon E. Slaby and Mary C. Slaby.

John J. Jurcyk, Jr., and Douglas M. Greenwald, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, were on the brief for amicus curiae Kansas Association of Defense Counsel.


The opinion of the court was delivered by

McFARLAND, J.:

This is an insurance coverage dispute. The district court held that coverage existed and entered partial summary judgment in favor of the injured person's conservators and natural guardians and against the garnished insurance company. Said judgment was certified pursuant to K.S.A. 1991 Supp. 60-254(b), and the insurance company appeals therefrom.

The...

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