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ST. FRANCIS HOSP. & MED. CENTER, INC. v. BALDWIN

No. 52,134

6 Kan. App. 2d 124 (1981)

626 P.2d 1229

ST. FRANCIS HOSPITAL & MEDICAL CENTER, INC., Plaintiff-Appellee, v. PATRICIA K. BALDWIN, Defendant-Appellee, v. AMERICAN STATES INSURANCE Co., Third Party Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed April 24, 1981.

Attorney(s) appearing for the Case

John A. Bausch, of Ascough, Bausch, Eschmann, of Topeka, for the appellant.

Frederick J. Patton, II, of Jones, Schroer, Rice, Bryan & Lykins, Chartered, of Topeka, for the appellee.

Before JUSTICE HERD, presiding, SWINEHART, J., and WILLIAM M. COOK, District Judge, assigned.

HERD, J.:

This is an appeal by American States Insurance Company from the judgment of a trial court awarding health insurance coverage and attorney fees to Patricia Baldwin.

On March 1, 1977, Patricia Baldwin purchased a health insurance policy from American States covering her medical expenses. The policy provided:

"(American States) DOES HEREBY INSURE the person named as the Insured in the Policy Schedule, subject to the provisions, exceptions and...

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