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AMERICAN STATES INS. CO. v. McCANN

No. 67,630

17 Kan. App. 2d 820 (1993)

845 P.2d 74

AMERICAN STATES INSURANCE COMPANY, Appellant, v. MATTHEW McCANN, by and through his Coconservators, PATRICK E. McCANN and WANDA M. McCANN; ROPER PONTIAC, INC.; JAMES W. DEAN; REGINA M. GAISER, f/k/a REGINA M. WESTCOTT; PATRICK E. McCANN; WANDA M. McCANN; and WEST GENERAL INSURANCE COMPANY, INC., A Kansas Corporation, Appellees.

Court of Appeals of Kansas.

Petition for review denied March 16, 1993.

Attorney(s) appearing for the Case

Mark A. Werner, of White, O'Connor & Werner, P.A., of Pittsburgh, and Gordon N. Myerson and Gary J. Willnauer, of Myerson, Monsees & Morrow, A Professional Corporation, of Kansas City, Missouri, for appellant.

Fred Spigarelli and Pamela G. Phalen, of Pittsburgh, for appellee Matthew McCann.

Bill Wachter, of Wilbert & Towner, P.A., of Pittsburgh, for appellee West General Insurance Company, Inc.

Bryson R. Cloon, of Cloon, Bennett, Ronan & Viveros, of Overland Park, for appellee Regina M. Gaiser, f/k/a Regina M. Westcott.

Before BRISCOE, C.J., GERNON, J., and RICHARD A. MEDLEY, District Judge, assigned.

Petition for review denied 252 Kan. ___ (March 16, 1993).

GERNON, J.:

American States Insurance Company (American States) appeals the district court's ruling which interpreted and applied an insurance policy American States had issued to Roper Pontiac, Inc. The district court found that American States was liable as the primary insurer for an accident involving one of Roper Pontiac's vehicles. We reverse.

American States filed a declaratory judgment...

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