FARM BUR. MUT. INS. CO. v. KURTENBACH

No. 75,674.

265 Kan. 465 (1998)

961 P.2d 53

FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellant, v. SCOTT KURTENBACH, by and through his father and next friend Glenn Kurtenbach, GLENN KURTENBACH and BARBARA KURTENBACH, husband and wife, CHRISTOPHER L. SPELTZ, by and through his father and next friend Robert Speltz, LYLE NELSON, and METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1998.


Attorney(s) appearing for the Case

John D. Conderman, of Arthur, Green, Arthur, Conderman, Stutzman & Roberson, L.L.P., of Manhattan, argued the cause and Derrick L. Roberson, of the same firm, was with him on the briefs for appellant.

Steven Hombaker, of Harper, Hombaker, Altenhofen & Opat, Chartered, of Junction City, argued the cause and was on the brief for appellees Scott Kurtenbach, Glenn Kurtenbach, and Barbara Kurtenbach.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause and was on the brief for appellee Metropolitan Property & Casualty Insurance Company.


The opinion of the court was delivered by

DAVIS, J.:

Farm Bureau Mutual Insurance Company, Inc., (Farm Bureau) filed a declaratory judgment action against its insureds, Glenn Kurtenbach and Barbara Kurtenbach, seeking a determination that it had no duty to defend or to pay any judgment under its Farm Master policy. The Kurtenbachs had been sued for damages based upon a collision between a motorcycle operated by their son Scott and a vehicle driven by Lyle...

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