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SIMMS v. METROPOLITAN LIFE INS. CO.

No. 56,072

9 Kan. App. 2d 640 (1984)

685 P.2d 321

NELCINE SIMMS, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellant, and FAIRFAX INSTITUTE FOR SOBRIETY, INC., Intervenor-Appellee.

Court of Appeals of Kansas.

Opinion filed August 2, 1984.

Attorney(s) appearing for the Case

Nancy Mayer, and William J. Toppeta, of New York, New York, and Jeanne Gorman Rau, and Frank D. Menghini, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellant.

Robert D. Loughbom, of Kansas City, for the intervenor-appellee.

Before FOTH, C.J., PARKS and SWINEHART, JJ.

FOTH, C.J.:

Metropolitan Life Insurance Company appeals from a summary judgment holding it liable under a group health insurance policy for the treatment of one of its insureds in a Kansas alcohol and drug treatment facility. It relies on the fact that its policy covers only treatment in a "legally constituted hospital." The trial court imposed liability by reading into the policy the terms of K.S.A. 40-2,105, which...

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