LIGGATT v. EMPLOYERS MUT. CASUALTY CO.

No. 87,005.

273 Kan. 915 (2002)

46 P.3d 1120

GALE LIGGATT, Plaintiff/Appellant, v. EMPLOYERS MUTUAL CASUALTY COMPANY, Defendant/Appellee, and JANET HATHAWAY, Plaintiff/Appellant, v. GALE LIGGATT, Defendant/ Appellant, and EMPLOYERS MUTUAL CASUALTY COMPANY, Garnishee/Appellee.

Supreme Court of Kansas.

Opinion filed May 31, 2002.


Attorney(s) appearing for the Case

Michael W. Murphy, of Galloway, Wiegers & Heeney, PA, of Marysville, argued the cause and was on the briefs for appellant Gale Liggatt.

William J. Pauzauskie, of Oyler & Pauzauskie, of Topeka, was on the brief for appellant Janet Hathaway.

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, LLP., argued the cause and was on the brief for appellee Employers Mutual Casualty Company.


The opinion of the court was delivered by

DAVIS, J.:

Passenger Janet Hathaway filed a tort action against driver Gale Liggatt for injuries she sustained in a one vehicle motorcycle accident. Liggatt's insurer, Employers Mutual Casualty Company (EMC), denied coverage and refused to defend based upon a specific policy exclusion for a vehicle with less than four wheels. Hathaway's garnishment action against EMC based upon a consent judgment and Liggatt's breach...

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