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RAWLINS v. STANLEY

No. 46,030

207 Kan. 564 (1971)

486 P.2d 840

JOSEPHINE M. RAWLINS, and two minor children, CRAIG EUGENE and TRINKA LYNN, by and through their mother and next friend, JOSEPHINE M. RAWLINS, Appellees, v. CHARLES W. STANLEY, as minor by and through his mother and next friend, MARY STANLEY, Defendant, FARMERS UNDERWRITERS ASSOCIATION, Intervenor-Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1971.

Attorney(s) appearing for the Case

John J. Jurcyk, Jr., of McAnany, Van Cleave and Phillips, of Kansas City, Kansas, argued the cause, and Robert D. Benham, of the same firm, was with him on the brief for the Intervenor-Appellant.

Charles D. Kugler, of Carson, Mahoney and Fields, of Kansas City, Kansas, argued the cause, and J.W. Mahoney, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

The basic issue presented in this appeal is whether an insurance carrier which has issued a policy containing an uninsured motorist clause may, by timely motion, intervene as of right as a party defendant in an action brought by its insured against an uninsured motorist. There are other issues the parties seek to have determined, but for reasons to be discussed we do not deem them ripe for decision on this...

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