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FARMERS INS. EXCHANGE v. SCHROPP

No. 48,408

222 Kan. 612 (1977)

567 P.2d 1359

FARMERS INSURANCE EXCHANGE, Appellant, v. MICHAEL D. SCHROPP, a Minor, and The Estate of Clint R. Sohl, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed July 11, 1977.

Attorney(s) appearing for the Case

Christopher A. Randall, of Wichita, argued the cause, and Lee Turner and Raymond L. Dahlberg, both of Turner and Hensley, Chartered, of Great Bend, were with him on the brief for the appellant.

Robert L. Howard, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Gerald Sawatzky, of the same firm, was with him on the brief for appellee, Michael D. Schropp. Thomas J. Berscheidt, of Ward & Berscheidt, of Great Bend, argued the cause, and was on the brief for appellee, The Estate of Clint R. Sohl, Deceased.

The opinion of the court was delivered by

MILLER, J.:

Farmers Insurance Exchange appeals from judgments in excess of its policy limits, entered against it and in favor of Michael D. Schropp and the Estate of Clint R. Sohl, deceased, following a jury trial. Farmers raises a barrage of issues which will be discussed later in this opinion.

This action was commenced as a declaratory judgment suit by Farmers. It arises out of a two-car collision which occurred...

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