FARM BUR. MUT. INS. CO. v. LAUDICK

No. 68,990

18 Kan. App. 2d 782 (1993)

859 P.2d 410

FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellant, v. ROBERT LAUDICK, DONALD E. POWERS, PAULA JEAN POWERS, HENRY J. CALNAN, ARDIS B. CALNAN, MILTON A. ROSE, JOYCE A. ROSE, JAMES N. SWAFFORD, and WILMA L. SWAFFORD, Appellees.

Court of Appeals of Kansas.

Opinion filed September 17, 1993.


Attorney(s) appearing for the Case

Paul Hasty, Jr., and Timothy J. Mudd, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for appellant.

Nicholas S. Daily and Randall K. Rathbun, of Depew, Gillen & Rathbun, of Wichita, for appellees.

Karen R. Glickstein, of Shughart, Thomson & Kilroy, of Kansas City, Missouri, and Thomas W. Brunner, Daniel E. Troy, and Nancy J. Lemay, of Wiley, Rein & Fielding, of Washington, D.C., for amicus curiae Insurance Environmental Litigation Association.

Thomas E. Rice, Jr., of Baker, Sterchi & Cowden, of Overland Park, and Victor C. Harwood, III, Edward Zampino, and Bernadette M. Peslak, of Harwood Lloyd, of Hackensack, New Jersey, for amicus curiae Aetna Casualty and Surety Company.

Timothy J. Finnerty and Susan G. Saidian, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for amicus curiae Kansas Association of Defense Counsel.

Before ELLIOTT, P.J., GERNON and GREEN, JJ.


Petition for review denied 253 Kan. 857 (1993).

GERNON, J.:

Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from a trial court ruling which found it liable for coverage to its insured, Robert Laudick.

The only issue on appeal is whether the damage here, the leakage of gasoline from underground storage tanks, was excluded under the language of Farm Bureau's policy with Laudick.

The facts are undisputed. Landowners Powers, Calnans...

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