Supreme Court of Kansas June 9, 1973, 46,740 (Hiebert Ex Rel. Hiebert v. Millers' Mutual Insurance)

The opinion of the court was delivered by

Fontron, J.:

This is an action by an insured, through his mother, against his liability insurance carrier. It is based on the insurer’s refusal to defend and pay a claim against the insured in a wrongful death action. Judgment was entered against the defendant insurance company and it has appealed.