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Farm Bureau Mutual Insurance Company v. Evans

637 P.2d 491 (1981)

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Farm Bureau Mutual Insurance Company v. Evans

Court of Appeals of Kansas

637 P.2d 491 (1981)

Facts

David and Karen Evans (plaintiffs) were attending a going-away party held in their honor. The party had kegs of beer and bonfires. During the party, it started to rain. Damon Rose parked his family station wagon so that it faced the bonfire. The station wagon had three seats. One of the back seats faced the station wagon’s rear window. Mike Ehinger was sitting in that seat. Ehinger, with the help of Damon Rose’s wife, Kathy Rose, and Danny Ireland, threw an explosive device out the back of the station wagon. The device landed in Karen Evans’ beer and exploded. She suffered extensive injuries. The Evanses sued Kathy Rose, Ehinger, and Ireland. Farm Bureau Mutual Insurance Company, Inc. (Farm Bureau) (defendant) insured the Rose automobile. Farmers Insurance Company, Inc. (Farmers) (defendant) insured Ehinger’s automobile. Both policies covered bodily injury arising out of the ownership, maintenance, or use of an insured automobile. The trial court granted summary judgment against Farm Bureau and Farmers and determined that Farm Bureau and Farmers were required to cover Karen Evans’ injuries. The trial court determined that Karen Evans’ injuries were covered because the Rose station wagon was being used as a shelter, and using a car as a shelter is a reasonable use of the car, which was contemplated by the parties to the insurance contract. Farm Bureau and Farmers appealed.

Rule of Law

Issue

Holding and Reasoning (Abbott, J.)

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