The trial court erred when it ruled that How and the Mays engaged in a conditional sale. ASI relies on Farmers Ins. In Farmers, the parties agreed that the sale of a vehicle would be completed when the purchaser returned a borrowed battery and the tag the following day. The seller purposely left the tags on the vehicle as an indication of ownership. Those are not the facts of the instant case.
Insurance policies are contracts.
The interpretation and construction of a contract is a question of law. A trial court's interpretation of a contract may be reviewed by this court de novo. There are no Kansas cases that support the trial court's conclusion that automobile insurance automatically transfers from the seller of a car to the buyer until the buyer insures the purchased car. In general, the rule is that the buyer of a vehicle insures the car under existing automobile insurance. How's insurance policy has not been included with the record on appeal.