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Dawson v. Associates Financial Services Co.

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eBook details

  • Title: Dawson v. Associates Financial Services Co.
  • Author : Supreme Court of Kansas
  • Release Date : January 07, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

The opinion of the court was delivered by This is an action wherein the plaintiff alleged that a finance company, which had financed the plaintiff's purchase of an automobile, intentionally harassed the plaintiff by threats to repossess the plaintiff's automobile knowing full well the plaintiff had multiple sclerosis and knowing full well the plaintiff was making a claim under an insurance policy to cover the loan payments. The trial court directed a verdict in favor of the finance company, and appeal has been duly perfected. The record discloses on December 15, 1969, Kay L. Dawson (plaintiff-appellant), 25 years of age, purchased an automobile. She financed the purchase by obtaining a loan in the amount of $1,881.11 from Associates Financial Services Company of Kansas, Inc., (defendant-appellee; hereinafter referred to as Associates), a company for which she had worked two years prior to this time. Under the terms of the loan appellant's payments were $93 per month. At the time she obtained the loan she purchased a credit life insurance policy and a health and accident insurance policy underwritten by Capitol Life Insurance Company of South Bend, Indiana, (defendant; hereinafter referred to as Capitol Life). An employee of Associates prepared all the insurance papers for the appellant's signature and told her that she should obtain the two insurance policies. It was stipulated by the parties that Capitol Life is a wholly owned subsidiary of Associates Corporation of North America, and Associates Financial Service of Kansas, Inc., is also a wholly owned subsidiary of the same company.


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