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eBook details

• Title: Gangel v. Benson
• Author : Supreme Court of Kansas
• Release Date : January 15, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The opinion of the court was delivered by The roots of this lawsuit extend far back to Sunday, April 21, 1968, when about 11 p.m. a collision occurred on Metcalf Avenue in Overland Park, near 78th Street. On the fateful day James A. Benson, a minor, was driving a 1961 Dodge convertible toward the north, while a 1964 Oldsmobile driven by Francis E. Gangel, in which his wife and three children were passengers, was proceeding south on Metcalf. The two cars collided and the occupants of the southbound Oldsmobile filed this action to recover damages for personal injuries received. Named as defendants are James A. Benson, the driver of the northbound Dodge car, Richard M. Huseby, the titled owner of the Dodge, William R. Huseby, the minor son of Mr. Huseby, and Allstate Insurance Company, Mr. Huseby's insurance carrier. Answers were filed by the Husebys and Benson generally denying liability, while Allstate filed a motion to dismiss. James A. Benson, or Jim, the driver of the Huseby car besides filing an answer, filed a third-party petition against Allstate Insurance Company, alleging that Allstate had issued a liability policy covering the Huseby car which was in effect at the time of the accident, and that Allstate was legally responsible for any judgment which might be rendered against him. Benson also filed a third-party petition against his own father's insurance carrier, Farmers Insurance Company, Inc., contending he was covered as an insured under that policy, as well.

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