Spruill Motors, Inc. v. Universal Underwriters Insurance

The opinion of the court was delivered by

Owsley, J.:

This an action by Spruill Motors, Inc., to recover from its insurer, Universal Underwriter's Insurance Company, the judgment entered and attorneys’ fees incurred in defending a suit brought by a third party. Defendant insurance company refused to defend plaintiff insured because the petition alleged acts outside the coverage of plaintiffs liability insurance policy.

On November 15, 1968, Spruill was sued by Vernon Rounldes of Great Bend, Kansas, alleging personal injuries and property damage deliberately inflicted by Spruill’s employees. The…