Lumbard v. WESTERN FIRE INS. CO., FORT SCOTT

The plaintiff, Carl W. Lumbard, a merchant doing business as Lumbard-Leschinsky, seeks to recover the value of certain merchandise removed from his premises under a policy of burglary insurance issued by defendant, The Western Fire Insurance Company, Fort Scott, Kansas, a corporation. Western appeals from the summary judgment entered in favor of Lumbard on the grounds that the district court erred (1) in determining that the policy’s definition of “burglary” violated public policy and thus was unconscionable and unenforceable and (2) in finding that the policy covered the loss. We reverse and…