HARTFORD ACCIDENT & INDEM. CO. v. AMERICAN RED BALL TRANSIT CO.

No. 74,656.

262 Kan. 570 (1997)

938 P.2d 1281

THE HARTFORD ACCIDENT & INDEMNITY COMPANY, Appellant/Cross-appellee, v. AMERICAN RED BALL TRANSIT COMPANY, INC., and ALBERT PRINTUP, Appellees, and BARRY L. SMITH, Administrator of the Estate of Glen C. Smith, deceased, et al., Appellees/Cross-appellants.

Supreme Court of Kansas.

Opinion filed June 6, 1997.


Attorney(s) appearing for the Case

Philip L. Bowman, of Adams, Jones, Robinson & Malone, Chartered, of Wichita, argued the cause, and Donald W. Bostwick, and Clifford L. Malone, of the same firm, were with him on the briefs for appellant/cross-appellee Hartford Accident & Indemnity Company.

Randall E. Fisher, of Wichita, argued the cause and was on the brief for appellees/cross-appellants Smith et al.

Terrill D. Albright, of Baker & Daniels, of Indianapolis, Indiana, argued the cause, and Ronald D. Gifford, of the same firm, and James L. Grimes, Jr., and Jay F. Fowler, of Foulston & Siefkin, of Topeka, were with him on the briefs for appellee American Red Ball Transit Company, Inc.


The opinion of the court was delivered by

DAVIS, J.:

Hartford Accident & Indemnity Company (Hartford), the insurer of American Red Ball Transit Company, Inc., (Red Ball) filed a declaratory judgment action requesting a determination that it was not obligated to indemnify Red Ball or Albert Printup for punitive damages. The district court held that Hartford was obligated to indemnify Red Ball, but not Printup. Hartford appeals from the court's decision...

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