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Ball v. Midwestern Ins. Co.

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eBook details

  • Title: Ball v. Midwestern Ins. Co.
  • Author : Supreme Court of Kansas
  • Release Date : January 10, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The opinion of the court was delivered by Ashley Ball, an infant passenger, was injured when the car
owned and driven by her mother was hit by a train. Ashley,
through her father Joseph Ball, sought uninsured motorist
benefits under a policy issued to her mother by Midwestern
Insurance Company on another vehicle. When Midwestern denied
coverage, Ball filed this declaratory judgment action. The
district court granted Ball's motion for summary judgment,
finding Ashley was covered by her mother's policy. Midwestern
appeals. Ashley is the daughter of Joseph and Stephanie Ball. In May
1987, Stephanie's mother gave them a 1977 Chevrolet Chevette. The
Chevette was titled in Joseph's and Stephanie's their names and
was uninsured. The Balls knew it was illegal to drive an
uninsured vehicle, but Joseph drove it to work five days a week.
Stephanie did not drive the Chevette without Joseph's permission
and did not have a set of keys. Prior to the accident, Ashley had
ridden in the Chevette only a few times.


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