GIBSON v. METROPOLITAN LIFE INS. CO.

No. 47,103

213 Kan. 764 (1974)

518 P.2d 422

BILLEE GIBSON and PHILLIP GIBSON, Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed January 26, 1974.


Attorney(s) appearing for the Case

Donald W. Vasos, of Scott, Daily and Vasos, of Kansas City, argued the cause and was on the brief for the appellants.

Robert D. Benham, of McAnany, Van Cleave and Phillips, of Kansas City, argued the cause and was on the brief for the appellee.


The opinion of the court was delivered by

HARMAN, C.:

This is an action against an insurer under a group plan to recover further benefits for medical expense incurred by plaintiffs. The issue is the applicability of a coordination of benefits clause contained in the policy. The insurer prevailed and the certificate holders have appealed.

The entire matter was submitted for determination by the trial court upon an agreed statement of facts, as follows...

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