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BALLWEG v. FARMERS INS. CO.

Nos. 51,073, 51,906

228 Kan. 506 (1980)

618 P.2d 1171

ERNEST C. BALLWEG, Appellee, v. FARMERS INSURANCE COMPANY, INC., Appellant. DARLENE M. HACKWORTH, Appellee, v. FARMERS INSURANCE COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed November 1, 1980.

Attorney(s) appearing for the Case

Terry Fitzgerald, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, argued the cause and was on the brief for the appellant.

Kim Daniel Richey, of Overland Park, was on the brief for the appellee.

Randall E. Fisher, of Salina, was on the amicus curiae brief for the Kansas Trial Lawyers Association.

Edward M. Boyle, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellant.

Patrick J. Reardon, of Leavenworth, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Separate appeals were taken in separate cases decided by the District Court of Johnson County, Kansas. The two appeals were consolidated for oral arguments before this court since the appeals raised similar questions. In the interest of conserving time and space one opinion is being prepared to decide both appeals. The primary question common to both appeals concerns...

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