CONNER v. OCCIDENTAL FIRE & CAS. CO.

No. 92,286.

281 Kan. 875 (2006)

MIKE CONNER, Appellee, v. OCCIDENTAL FIRE & CASUALTY COMPANY OF NORTH CAROLINA and WILSHIRE INSURANCE COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 2006.


Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause, and Teresa L. Sittenauer and James P. Nordstrom, of the same firm, were with him on the briefs for appellants.

Daniel F. Church, of McAnany, Van Cleave & Phillips, P.A., of Roeland Park, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

Mike Conner filed a claim with his commercial insurers, Occidental Fire & Casualty Company of North Carolina (Occidental) and Wilshire Insurance Company (Wilshire) (collectively insurers), for damages to a farm trailer that collapsed when being loaded with grain. The insurers denied coverage; Conner sued. On cross-motions for summary judgment, the trial court concluded that Conner sustained an insured...

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