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CASTORENA v. WESTERN INDEMNITY CO., INC.

No. 46,953

213 Kan. 103 (1973)

515 P.2d 789

GREGORY SCOTT CASTORENO, a minor, by his mother, ETHEL CASTORENO, DANIEL HERNANDEZ, SR. and FRANCISCA HERNANDEZ, Appellants, v. THE WESTERN INDEMNITY COMPANY, INC., and JOHN C. RUBOW, Administrator of the Estate of Michial Wayne Lohse, deceased, Appellees.

Supreme Court of Kansas.

Opinion filed November 3, 1973.

Attorney(s) appearing for the Case

Robert W. Kaplan, of Kaplan, McMillan and Anderson, of Wichita, argued the cause, and D. Keith Anderson, of the same firm, was with him on the brief for the appellants.

Richard C. Hite, of Kahrs, Nelson, Fanning, Hite and Kellogg, of Wichita, argued the cause, and Larry A. Withers, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

HARMAN, C.:

This is an action by two sets of plaintiffs for recovery of money from a liability insurer and the administrator of an estate based upon alleged improper handling of multiple claims arising out of an automobile collision. The trial court dismissed the action as to the administrator and later entered summary judgment in favor of the insurance company. Plaintiffs...

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