Alliance Life Ins v. Ulysses Volunteer Fireman's Relief

The opinion of the court was delivered by Alliance Life Insurance Company, of McPherson, brought this declaratory judgment action to determine its liability under a $10,000 accidental death policy it had written on Darrell Dean Major, of Ulysses, who was killed in an airplane crash. The defendants were the Ulysses Volunteer Firemen's Relief Assn., to whom Major had assigned his ownership rights under the policy, and Major's wife and children, the beneficiaries, all of Ulysses. After the crash, which occurred in Grant county on October 1, 1972, claim was made under the policy and agents of Alliance entered into negotiations with counsel for the defendants. While those negotiations were pending Alliance brought this action on December 26, 1972, in McPherson county; all defendants were served in Grant county. They promptly moved to quash the summonses and to dismiss because of improper venue. When their motion was overruled, they renewed their objection to venue in their answer, and also counterclaimed for the face amount of the policy. An extensive pre-trial order was entered and the parties briefed their respective contentions. The trial court rendered a decision which reaffirmed its finding of venue, and construed the policy's aviation exclusion clause to be applicable to Major's activities when he was killed. Accordingly it rendered judgment in [215 Kan. 939]