Legal Opinion · Dissent

Brown v. Tri-State Insurance Co. & Securities Acceptance Corp.

Supreme Court of Kansas

Decided October 9, 1954No. 39,432Published

1DissentWertz, J.

I cannot agree with the majority opinion which fell to my lot to write, nor can I bring myself to the conclusion that the agreement entered into by the parties in the instant case constituted a conditional sale as that term is used in the commercial field, or as contemplated by the exclusionary provision of the insurance policy. A conditional sale in the commercial field of law has a definite meaning as hereinafter related.

Provisions frequently appear in theft, fire and collision policies *12upon automobiles making the policy void if any change other than by death of the insured takes place in…

2Cases cited5 opinions

  1. Luke v. Mercantile Acceptance Corp.California Court of Appeal · 1952
  2. Pomeroy v. Ætna InsuranceSupreme Court of Kansas · 1912
  3. Bowden v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1950
  4. Bisi v. American Automobile InsuranceSupreme Court of Connecticut · 1951
  5. Koenke v. Iowa Home Mutual Casualty Co.Supreme Court of Kansas · 1953

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