(Download) "Spruill Motors, Inc. v. Universal Underwriters Ins. Co." by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Spruill Motors, Inc. v. Universal Underwriters Ins. Co.
- Author : Supreme Court of Kansas
- Release Date : January 14, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The opinion of the court was delivered by This an action by Spruill Motors, Inc., to recover from its insurer, Universal Underwriters Insurance Company, the judgment entered and attorneys' fees incurred in defending a suit brought by a third party. Defendant insurance company refused to defend plaintiff insured because the petition alleged acts outside the coverage of plaintiff's liability insurance policy. On November 15, 1968, Spruill was sued by Vernon Rounkles of Great Bend, Kansas, alleging personal injuries and property damage deliberately inflicted by Spruill's employees. The incident giving rise to Rounkles' allegations of intentional tort occurred at Spruill's garage on October 31, 1968. For some months prior to the incident, Rounkles and Spruill Motors had disagreed over a bill for work done on Rounkles' 1962 Mercury automobile. Rounkles claimed the work was not properly done and refused to pay. Spruill insisted upon payment and sued Rounkles for $651.16, the amount owed for repairs. After bringing the same automobile in for repairs following a subsequent accident, the automobile was sitting at Spruill's garage and Rounkles, thinking it was repaired and ready for him to pick up, drove it away. Spruill employees immediately retrieved the car from the driveway of Rounkles' home and took it back to Spruill's garage. Rounkles drove back to Spruill's garage in his pickup truck, parked it, and again drove his automobile to his home. While returning to get his truck, he saw Spruill employees towing it to their other business location one block away. Accounts of Rounkles and Spruill employees differ as to events which occurred thereafter. In his petition against Spruill, Rounkles alleged that . . . on seeing his truck being towed by the defendant's pickup, [plaintiff] went to the pickup and started to open the door on the right hand side, and the employee of the defendant, upon seeing the plaintiff, intentionally, maliciously and with intent to do great bodily harm to the plaintiff, ran over plaintiff's right foot. . . . Rounkles' petition does not make clear which truck ran over his foot.
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