MISSOURI MEDICAL INS. CO. v. WONG

No. 55,531

234 Kan. 811 (1984)

676 P.2d 113

MISSOURI MEDICAL INSURANCE COMPANY, Plaintiff-Appellant/Cross-Appellee, v. DAVID; WONG, M.D., Defendant-Appellee/Cross-Appellant, LYNN EUGENE CLEVELAND, JACK JACOBSON, and FLETCHER BELL, Commissioner of Insurance, as Administrator of the Health Care Stabilization Fund, Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed January 24, 1984.


Attorney(s) appearing for the Case

Raymond L. Dahlberg, of Turner and Boisseau, Chartered, of Great Bend, argued the cause, and Steven C. Day and James T. McIntyre, of the same firm, of Wichita, were on the briefs for the appellant.

J. Michael Gillaspie, of Jochems, Sargent & Blaes, P.A., of Wichita, argued the cause, and Alan D. Herman, of the same firm, was with him on the brief for the defendant-appellee/cross-appellant, Dr. David Wong.

Edward J. Hund, of Smith, Shay, Farmer & Wetta, of Wichita, argued the cause, and Michael A. Rump, of the same firm, and David M. Hall, of Hall & Hall, of Anthony, were with him on the brief for the defendant-appellee, Lynn Eugene Cleveland.

Michael J. Dutton, special assistant attorney general, Kansas Insurance Department, argued the cause and was on the brief for the defendant-appellee, Fletcher Bell.


The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by the plaintiff, Missouri Medical Insurance Company (MoMedico), for a declaratory judgment seeking cancellation and construction of a medical malpractice insurance policy issued to the defendant, Dr. David Wong. Plaintiff joined as additional defendants, Lynn Eugene Cleveland and Jack Jacobson, former patients of Dr. Wong, who had filed medical malpractice actions against Wong...

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