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BRUMLEY v. LEE

No. 76,192.

265 Kan. 810 (1998)

963 P.2d 1224

ALBERTA BRUMLEY, et al. Appellants, v. DAVID WAYNE LEE, Defendant/Third-party Plaintiff, v. SAFECO INSURANCE COMPANY OF AMERICA, Third-Party Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1998.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Shook, Hardy & Bacon, L.L.P., of Overland Park, argued the cause, and Scott C. Nehrbass, of the same firm, was with him on the briefs for appellant.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause, and Arlen L. Tanner, of the same firm, was with him on the briefs for appellees.

The opinion of the court was delivered by

ABBOTT, J.:

This appeal concerns a homeowner's insurance policy and comes before the court upon rehearing. Pursuant to an order issued April 10, 1998, we withdrew our previous opinion and granted a rehearing to examine further the full scope of our decision.

This is an appeal from summary judgment in favor of third-party defendant Safeco Insurance Company of America (Safeco). The Court of Appeals found no liability...

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