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AMERICAN SPECIAL RISK MANAGEMENT CORP. v. CAHOW

No. 95,942.

192 P.3d 614 (2008)

AMERICAN SPECIAL RISK MANAGEMENT CORPORATION and Continental Casualty Company, Appellants, v. William CAHOW and Peoples Bank, Appellees, v. Progressive Casualty Insurance Company, Appellee.

Supreme Court of Kansas.

September 12, 2008.

Attorney(s) appearing for the Case

Christopher J. Sherman, of Payne & Jones, Chartered, of Overland Park, argued the cause, and Michael B. Lowe, of the same firm, and Daniel F. Church and Joseph W. Hemberger, of McAnany, Van Cleave & Phillips, P.C., of Roeland Park, were with him on the briefs for appellants Continental Casualty Company and American Special Risk Management Corporation.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Derek G. Johannsen, of the same firm, was with him on the brief for appellee Progressive Casualty Insurance Company.

The opinion of the court was delivered by LUCKERT, J.:

This appeal examines the standard to be applied when an insurance company denies coverage because the insured failed to disclose a potential claim on an application for insurance. Specifically, we must determine: When an application for insurance asks for the identification of "any facts, circumstances, or situations ... which could reasonably be expected to give rise to a claim" and the policy excludes any claim...

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