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GUARANTEE ABSTRACT & TITLE CO. v. INTERSTATE FIRE & CAS.

No. 53,573

232 Kan. 76 (1982)

652 P.2d 665

GUARANTEE ABSTRACT & TITLE CO., INC., Appellee, v. INTERSTATE FIRE AND CASUALTY COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed October 22, 1982.

Attorney(s) appearing for the Case

George Maier, Jr., of Weeks, Thomas, Lysaught, Chartered, of Kansas City, argued the cause, and Edward H. Powers, Sr., of Kansas City, was with him on the brief for appellee.

Robert L. Kennedy, of Fallon, Holbrook & Ellis, of Kansas City, argued the cause and was on the brief for appellant.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action by Guarantee Abstract and Title Company against its insurer, Interstate Fire and Casualty Company, Inc., seeking damages for the insurer's alleged mishandling of the defense of a third party action. The specific areas of claimed deficiency are failure to settle and failure to appeal.

The controversy herein is no stranger to our court. The original third party action which spawned...

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