Upland Mutual Insurance, Inc. v. Noel

The opinion of the court was delivered by

Prager, J.:

This is a declaratory judgment action brought by Upland Mutual Insurance, Inc., seeking a determination of whether or not it has coverage and a duty to defend under a homeowner’s insurance policy issued to Raymond E. and Viola J. Noel. On November 28, 1970, a tragic collision occurred between Evo auto mobiles in Dickinson county, Kansas. One was a 1965 Chevrolet driven by Steven E. Noel and the other vehicle was driven by Rudolph Noel. Both drivers were sons of the defendants-appellants, Raymond E. and Viola J. Noel. Both of the young men…