Cimarron Insurance v. Loftus

Spencer, J.:

Plaintiff, Cimarron Insurance Company, Inc., commenced this action for a declaratory judgment pursuant to K.S.A. 60-257 and 60-1701, seeking a determination of whether coverage was afforded defendant Fenton under the omnibus clause of a policy of automobile liability insurance issued to defendant Loftus.

After discovery was completed, motions for summary judgment were filed and this cause was submitted on the record and the briefs of the parties, together with the further stipulation that should the court find material issues of fact which normally would preclude summary judgment,…