(Download) "Ware v. State Farm Mutual Automobile Ins. Co." by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Ware v. State Farm Mutual Automobile Ins. Co.
- Author : Supreme Court of Kansas
- Release Date : January 11, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The opinion of the court was delivered by This was an action brought by Kenneth and Marvelle Ware,
appellants, against State Farm Mutual Automobile Insurance
Company, appellee, to recover damages, actual and punitive,
alleged to have been sustained by them as a result of fraudulent
conduct resorted to by appellee's insurance adjuster in obtaining
a release from appellants of a cause of action for damages for
the wrongful death of their eight and one-half year old child as
a result of the negligent operation of an automobile driven by
the twelve-year old son of the appellee's assured. Appellants
will hereinafter be referred to as plaintiffs and appellee as
defendant or insurance company. Defendant demurred to plaintiffs'
amended petition on the ground that it did not state a cause of
action in favor of plaintiffs and against defendant. From an
order of the trial court sustaining the demurrer, plaintiffs
appeal. For purposes of this appeal it is sufficient to note the
petition alleged that plaintiffs were the parents of Duane Ware,
eight and one-half years of age, who died as a result of injuries
received while riding in an automobile owned by Clarence W.
Smith, defendant's assured, and driven by his son, Wesley Eugene
Smith, twelve years of age, under his instructions; that during
the ride the car was driven in such a negligent manner that it
skidded across the road and into a concrete bridge, turning over
and killing plaintiffs' son; that the owner of the vehicle was
negligent in permitting his son, then twelve years of age, to
drive his automobile when he knew his son was neither authorized
nor licensed to so do under the laws of Kansas and was not
competent to drive.
 "Ware v. State Farm Mutual Automobile Ins. Co." by Supreme Court of Kansas # Book PDF Kindle ePub Free){kind=link}