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HARPER v. PRUDENTIAL INS. CO. OF AMERICA

No. 54,707

233 Kan. 358 (1983)

662 P.2d 1264

STEVEN L. HARPER and NANCY HARPER, as Guardians, Adoptive parents and next of friends of Eric Harper, formerly Eric Fenton, for and on his behalf as next of friend, Plaintiffs-Appellees, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed April 29, 1983.

Attorney(s) appearing for the Case

Brian G. Grace, of Curfman, Harris, Stallings, Grace & Snow, of Wichita, argued the cause, and Susan K. McKee, of the same firm, was with him on the briefs for the appellant.

John V. Black, of John V. Black, Chartered, of Pratt, argued the cause, and Russell L. Mills, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action on a life insurance policy brought against the defendant, Prudential Insurance Company of America, by the contingent beneficiary after the insurance company had previously paid the designated primary beneficiary. The named insured was Jan E. Fenton, wife of Norman R. Fenton, who was the primary beneficiary under the policy. The contingent beneficiary...

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