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PENN-AMERICA INS. CO. v. JOHNSON

No. 89,366

31 Kan.App. 2d 884 (2003)

75 P.3d 263

PENN-AMERICA INSURANCE COMPANY, Appellant, v. MACALA J. JOHNSON, a Minor, by and through her Father, Robert W. Johnson, and DANNY L. LaROSE, and DALTON L. SCHEIB, a Minor, by and through his Paternal Grandmother, Sherry Scheib, Appellees.

Court of Appeals of Kansas

Opinion filed August 29, 2003.

Attorney(s) appearing for the Case

Robert A. Horn and Bradley M. Dowd, of Horn, Aylward & Bandy, LLC, of Kansas City, Missouri, for appellant.

Laurie Del Percio and Douglas R. Horn, of The Horn Law Firm, P.C., of Independence, Missouri, for appellee Macala Johnson.

No appearances by appellees Danny LaRose and Dalton L. Scheib.

Before BEIER, P.J., LEWIS and JOHNSON, JJ.

Johnson, J.:

Penn-America Insurance Company (Penn-America) appeals the district court's interpretation of the nonowned auto coverage provision in its garage liability policy. We reverse.

Underlying this action is a tragic accident. Danny LaRose was operating his personally owned tow truck to move his own railroad switch box at a storage facility in Oak Grove, Missouri. The tow truck's boom failed, and the switch box fell onto Kristi Degraffenried, resulting...

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