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MIDWEST MUTUAL INS. CO. v. FARMERS INS. CO.

No. 50,245

3 Kan. App. 2d 630 (1979)

599 P.2d 1021

MIDWEST MUTUAL INSURANCE COMPANY, Appellee, v. FARMERS INSURANCE COMPANY, INC., Appellant.

Court of Appeals of Kansas.

Opinion filed September 21, 1979.

Attorney(s) appearing for the Case

J.H. Eschmann, of Ascough, Bausch, Eschmann, of Topeka, for the appellant.

J. Franklin Hummer, of Davis, Unrein and Hummer, of Topeka, for the appellee.

Before FOTH, C.J., REES and SWINEHART, JJ.

FOTH, C.J.:

This is an action by one insurance company against another for contribution to a settlement of an uninsured motorist claim. The facts were stipulated in the trial court and the case was submitted on the stipulation. The trial court ordered contribution, and the defendant insurer appeals.

Plaintiff Midwest Mutual Insurance Company issued a liability policy on a motorcycle owned by Kenneth R. Walton. The policy contained an uninsured motorist endorsement...

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