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TWIN CITY FIRE INS. CO. v. BELL

No. 54,693

232 Kan. 813 (1983)

658 P.2d 1038

TWIN CITY FIRE INSURANCE COMPANY, FEDERATED MUTUAL INSURANCE COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, AND ST. PAUL GUARDIAN INSURANCE COMPANY, Appellants, v. FLETCHER BELL, COMMISSIONER OF INSURANCE, STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

Barry E. Warren, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause and Frank Saunders, Jr., and Michael P. Oliver, of the same firm, were with him on the brief for appellants.

Robert L. Kennedy, Jr., special assistant attorney general, argued the cause, and was on the brief for appellee.

James P. Rankin, of Eidson, Lewis, Porter & Haynes, of Topeka, was on the brief for amici curiae American Insurance Association and Alliance of American Insurers.

The opinion of the court was delivered by

MILLER, J.:

Twin City Fire Insurance Company and four other Minnesota-based insurance companies brought this action in the Shawnee District Court against Fletcher Bell, Commissioner of Insurance of the State of Kansas, challenging the Commissioner's interpretation of K.S.A. 40-253 and his authority to assess "retaliatory" charges against the plaintiffs. The trial court held in favor of the Commissioner; the insurance...

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