Mid-Century Insurance v. Latimer

The opinion of the court was delivered by

Foth, C.:

The primary issue in this case is whether a landowner may, by his own contributory negligence, be barred from recovering for fire damage to his property caused by the negligence of an invitee on his premises.

The fire occurred on August 29, 1968, at the home of Robert and Sharon King in Prairie Village, Kansas. The appellant Mid-Century Insurance Co., which had written the fire insurance policy on the Kings’ house, paid their loss in the amount of $6,125.89. Then, exercising its right of subrogation, it brought this action to recoup the loss…