Western Fire Insurance v. Phelan

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover under the subrogation clause of an insurance policy, and from a judgment for plaintiff, the defendant appeals.

In substance the allegations of the petition were: (1) That plaintiff was an insurance company under the laws of Kansas and defendant was a resident of Neosho county; (2) that plaintiff, on September 1, 1950, issued to defendant its policy of insurance and contracted as part thereof to pay collision insurance on his 1949 Ford automobile; (3) on June 5, 1951, defendant, while driving the automobile,…