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GARRISON v. STATE FARM MUT. AUTO. INS. CO.

No. 71,055

258 Kan. 547 (1995)

TAD GARRISON, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant/Counterclaimant/Appellee, and DAIRYLAND INSURANCE COMPANY, Intervenor/Counterclaimant/Appellee, and KURT PFANNENSTIEL, Counterclaimant/Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1995.

Attorney(s) appearing for the Case

Larry D. Tittel, of Ness City, argued the cause and was on the brief for appellant.

James D. Oliver, of Foulston & Siefkin, L.L.P., of Wichita, argued the cause for appellees, and Stephen M. Kerwick, of the same firm, was on the brief for appellee State Farm Mutual Automobile Insurance Co.

Many Giovanni, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita appeared, and Arthur S. Chalmers, of the same firm, was on the brief for appellee Dairyland Insurance Company.

The opinion of the court was delivered by

SIX, J.:

This is a first-impression automobile insurance coverage case arising from a hunting accident. A shotgun accidentally discharged, injuring Tad Garrison, plaintiff, while Kurt Pfannenstiel, defendant, removed it from Garrison's car. Garrison's car was insured by State Farm Mutual Automobile Insurance Company (State Farm). Pfannenstiel's car was insured by Dairyland...

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