[Download] "Groff v. Automobile Owners Safety Ins. Co." by Supreme Court of Kansas # eBook PDF Kindle ePub Free

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eBook details

• Title: Groff v. Automobile Owners Safety Ins. Co.
• Author : Supreme Court of Kansas
• Release Date : January 12, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The opinion of the court was delivered by This was an action to recover on an automobile insurance policy
issued by defendant Automobile Owners Safety Insurance Company to
plaintiff James T. Poindexter, insuring him against loss or
damage to his automobile by virtue of collision, and also
insuring against medical and hospital expense incurred from
injuries received while riding in the automobile. As a part of
the policy there was attached a standard mortgage clause
protecting and insuring the interest of the mortgagee. The policy
covered the Dodge which Poindexter purchased from plaintiffs Fred
Groff and H.L. Hammett, doing business as G-H Motors. They took a
purchase money mortgage on the car and endorsed it to The
Commercial Bank of Parsons. When default occurred, it was
reassigned to G-H Motors. The action was brought by plaintiffs
Poindexter and G-H Motors, hereafter referred to as assured and
mortgagee, respectively, against defendant Automobile Owners
Safety Insurance Company, hereafter referred to as insurer or
insurance company. The petition, as amended, stated two causes of
action. In the first cause of action, Poindexter and G-H Motors
sought to recover $2,100, as their interests may appear, for
property damage to the automobile occasioned by a collision which
occurred October 10, 1953, while the car was being driven by
Poindexter. In the second cause of action, Poindexter sought to
recover for medical expense paid by him for injuries to his wife
as a result of the collision, in the maximum sum of $500 provided
in the policy. The defendant was a foreign corporation and not authorized or
admitted to do business in Kansas. The action was therefore
brought, and service of process obtained on defendant, pursuant
to the Unauthorized Insurers Process Act (G.S. 1949, Ch. 40, Art.
20). Defendant answered, admitting it was a foreign corporation
not authorized to do business in Kansas, and denied it had been
or was doing business in the state, or had committed any acts
within the purview of the act, and alleged the court was without
jurisdiction
[180 Kan. 520]

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