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STATE FARM MUT. INS. CO. v. BENTON

No. 90,004.

33 Kan.App. 2d 869 (2004)

113 P.3d 266

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant/Cross-appellee, v. MARK BENTON, Appellee, and KATHRYN L. BENTON, Appellee/Cross-appellant.

Court of Appeals of Kansas.

Opinion filed September 17, 2004.

Attorney(s) appearing for the Case

Richmond M. Enochs and James L. Mowbray, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, for appellant/cross-appellee.

Donald W. Vasos, of Vasos Law Offices, of Fairway, for appellee/cross-appellant Kathryn L. Benton.

Before RULON, C.J., ELLIOTT and MALONE, JJ.

Petition for review denied 279 Kan. 1007 (2005).

ELLIOTT, J.:

State Farm Mutual Automobile Insurance Company (State Farm) filed a declaratory judgment action against its alleged insureds, Mark and Kathryn Benton, claiming its policy provided no coverage for an auto accident involving Kathryn. The trial court granted summary judgment in favor of the Bentons, finding coverage. State Farm appeals, and Kathryn cross...

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