MANZANARES v. BELL

No. 47,412

214 Kan. 589 (1974)

522 P.2d 1291

F.G. MANZANARES, et al., Appellees, ELIZABETH MADDEN, et al., (Intervenors) Appellees-Cross-Appellants, v. W. FLETCHER BELL, as Commissioner of Insurance, JAMES T. McDONALD, as Secretary of Revenue, and ELTON D. LOBBAN, as Director of Vehicles, Appellants-Cross-Appellees.

Supreme Court of Kansas.

Opinion filed May 7, 1974.


Attorney(s) appearing for the Case

Curt T. Schneider, assistant attorney general, and L.M. Cornish, Jr., special assistant attorney general, argued the cause, and Vern Miller, attorney general, and Mark L. Bennett, special assistant attorney general, were with them on the brief for appellants and cross-appellees.

Fred W. Phelps and Gene E. Schroer, of Topeka, and Patrick Kelly, of Wichita, argued the cause and were on the brief for appellees and cross-appellants. R.R. Barnes, of Ratner, Mattox, Ratner, Ratner & Barnes, of Wichita, and the firms of Schnider, Shamberg & May, of Kansas City, and Kidwell, O'Keefe & Williamson, Chartered, and Michaud, Cranmer, Syrois & Post, of Wichita, were on the brief for Appellee Elizabeth Madden, et al.

Raymond L. Spring, of Topeka, was on the brief amici curiae for American Insurance Association, American Mutual Insurance Association, and National Association of Independent Insurers.


The opinion of the court was delivered by

FATZER, C.J.:

This appeal involves the constitutionality of legislation commonly known as the Kansas No-Fault Insurance Act.

In 1973, the Kansas Legislature enacted Substitute for House Bill 1129 which is published as Chapter 198 of the 1973 Session Laws (L. 1973, Ch. 198), and is incorporated in the Kansas Statutes Annotated as K.S.A. 40-3101 through 40-3121. The Act was defined by Section 1 as the "Kansas...

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