Topeka Railway Equipment, Inc. v. Foremost Insurance

Abbott, J.:

This is an appeal by plaintiff Topeka Railway Equipment, Inc., the insured, from an order by the district court granting judgment to defendant Foremost Insurance Company, the insurer, holding that an exclusionary provision in the policy applied and no coverage was afforded the insured.

The insured’s business includes modifying and repairing railroad cars. A number of cars owned by the United States government had been delivered to the insured at Forbes Air Force Base, and were being held on a railroad track awaiting modification. Two of the cars subject to the modification contract…