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INS. CO. OF NORTH AMERICA v. MED. PROTECTIVE CO.

Civ. A. No. 77-4073.

570 F.Supp. 964 (1983)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. The MEDICAL PROTECTIVE COMPANY, Defendant.

United States District Court, D. Kansas.

August 4, 1983.

Attorney(s) appearing for the Case

Robert M. Siefkin, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., Eugene B. Ralston, Ralston, Frieden & Weathers, P.A., Topeka, Kan., James R. Hanson, Kenneth P. Stewart, Boyer, Donaldson & Stewart, Wichita, Kan., for plaintiff.

Lee H. Woodard, Woodard, Blaylock, Hernandez, Pilgreen & Roth, Wichita, Kan., for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This dispute between two insurance companies follows the successful prosecution of a medical malpractice action in 1975. Plaintiff seeks actual damages, interest and attorneys' fees for defendant's lack of good faith and negligence in failing to negotiate a settlement in the underlying malpractice action. This matter was tried to the court, and, after due consideration of the evidence and the briefs and arguments...

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