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UTILITY MAINTENANCE CONTRACTORS v. WEST AM. INS.

No. 68,844

19 Kan. App. 2d 229 (1994)

866 P.2d 1093

UTILITY MAINTENANCE CONTRACTORS, INC., Appellee/Cross-appellant, v. WEST AMERICAN INSURANCE COMPANY, Appellant, and THE OHIO CASUALTY INSURANCE COMPANY, Defendant, and INSURANCE PROFESSIONALS OF KANSAS, INC., and DON LUALLEN INSURANCE, INC., Cross-appellees.

Court of Appeals of Kansas.

Opinion filed January 14, 1994.

Attorney(s) appearing for the Case

Hal Pierce and Katherine C. Opie, of Couch, Strausbaugh, Pierce & King, Chartered, of Overland Park, for appellant.

Gerald D. Lasswell, of Stinson, Lasswell & Wilson, of Wichita, for appellee/cross-appellant.

William A. Larson, of Gehrt & Roberts, Chartered, of Topeka, for cross-appellees.

Before BRISCOE, C.J., LARSON and GERNON, JJ.

GERNON, J.:

West American Insurance Company (West American) appeals a ruling that two exclusionary clauses in a general liability insurance policy it issued did not apply to the facts the parties stipulated to for the purpose of motions before the trial court. The prevailing party in the ruling appealed from, Utility Maintenance Contractors, Inc., (Utility) cross-appeals from summary judgment rulings in favor of Insurance Professionals of Kansas,

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