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SPETH v. STATE FARM FIRE & CASUALTY CO.

No. 86,707.

272 Kan. 751 (2001)

35 P.3d 860

STEVEN L. SPETH, Executor of the Estate of Gertrude Swesh, Deceased, Appellant, v. STATE FARM FIRE & CASUALTY COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 7, 2001.

Attorney(s) appearing for the Case

Timothy J. King, of Speth & King, of Wichita, argued the cause and was on the brief for appellant.

Tristram E. Felix, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Wichita, argued the cause, and Alan E. Streit, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This appeal arises out of State Farm Fire & Casualty Company's (State Farm) denial of coverage on a homeowner's policy for physical damage sustained to the insured's home due to vandalism. Coverage was denied by State Farm under a policy exclusion for vandalism losses that occur when a house has remained "vacant" for more than 30 consecutive days. Plaintiff Steven Speth, Executor of the Estate of Gertrude...

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