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WHEELER v. EMPLOYER'S MUTUAL CASUALTY CO.

No. 46,523

211 Kan. 100 (1973)

505 P.2d 768

GERTRUDE WHEELER, Individually and as Administrator of the Estate of S.J. Wheeler, Appellant, v. EMPLOYER'S MUTUAL CASUALTY COMPANY, d/b/a EMCASCO INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed January 20, 1973.

Attorney(s) appearing for the Case

Gerald W. Scott, of Wichita, argued the cause, and was on the brief for the appellant.

Daniel C. Bachmann, of Wichita, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an action to recover under the "Medical Payments" section of an automobile insurance policy. The trial court upheld the position of the insurance company and denied the claim. The only issue involves the interpretation of the provisions of the insurance contract. The case is before this court on an agreed statement of facts.

On October 24, 1969...

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