Court of Appeals of Kansas December 29, 1995, 71,290 (United States Fidelity & Guaranty Co. v. Maish)

Lewis, J.:

United States Fidelity & Guaranty Company (USF&G) sued Jimmy Maish, Jr.,

et al,

(Maish) for damages based on civil fraud and conspiracy in connection with a fire loss. The trial court directed a verdict in favor of Maish, holding that the claim of USF&G against Maish was a compulsoiy counterclaim it failed to assert in a prior action between the parties.