Legal Opinion

Penn-America Insurance v. Johnson ex rel. Johnson

Court of Appeals of Kansas

Decided August 29, 2003No. 89,366Published

1Opinion of the Court

Johnson, J.:

Penn-America Insurance Company (Penn-America) appeals the district court’s interpretation of the nonowned auto coverage provision in its garage liability policy. We reverse.

Underlying this action is a tragic accident. Danny LaRose was operating his personally owned tow truck to move his own railroad switch box at a storage facility in Oak Grove, Missouri. The tow truck’s boom failed, and the switch box fell onto Kristi Degraffenried, resulting in her death. LaRose would frequently use his personally owned tow truck to perform work for his employer, Lizard Auto Sales (Lizard) of…

2Cases cited5 opinions

  1. Dairy Road Partners v. Island Insurance Co.Hawaii Supreme Court · 2000
  2. Sturla, Inc. v. Fireman's Fund InsuranceHawaii Supreme Court · 1984
  3. Pekin Insurance v. BensonAppellate Court of Illinois · 1999
  4. Henderson v. MaloidLouisiana Court of Appeal · 1996
  5. American States Insurance v. Farmers Alliance Mutual InsuranceCourt of Appeals of Kansas · 2001

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API