SPIVEY v. SAFECO INS. CO.

No. 69,112

254 Kan. 237 (1993)

865 P.2d 182

THOMAS S. SPIVEY, Appellant, v. SAFECO INSURANCE COMPANY and AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed December 10, 1993.


Attorney(s) appearing for the Case

David L. Young, of Wassberg & Gallagher, of Kansas City, Missouri, argued the cause, and Gary C. Haggerty, of the same firm, was on the briefs for appellant.

F. Russell Peterson, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause, and James L. Sanders and D'Ambra M. Howard, of the same firm, were on the brief for appellee Safeco Insurance Company.

Laurence R. Tucker, of Watson, Ess, Marshall & Enggas, of Kansas City, Missouri, argued the cause, and Jayne A. Pearman, of the same firm, was with him on the brief for appellee American Manufacturers Mutual Insurance Company.


The opinion of the court was delivered by

LOCKETT, J.:

Plaintiff insured appeals the district court's grant of summary judgment to defendant insurers. The insured filed this action alleging that the insurers breached their contract to defend him in a civil tort action filed in the federal district court by a female employee, who alleged the insured made sexual demands and committed intentional torts of assault, battery, and infliction of emotional distress...

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